Actus Reus Flashcards
Define Actus reus
The prohibited act or consequence which the defendant must commit or cause
What is voluntary conduct?
Acts are only guilty if the defendant committed them voluntarily
Voluntary conduct case
Hill v Baxter
What are conduct crimes?
The Actus reus is simply prohibited conduct
What is state of affairs?
Some crimes require both conduct and circumstances to be occurring
State of affairs case
R v Larsonneur
What is a consequence/result crime?
Crimes that require the defendant to cause a particular result
What are omissions?
Crimes can be committed by a failure to act
General rule of omissions
Only people who a legal duty to act will be responsible, otherwise a person is not usually criminally liable
Name three categories of omissions pt 1
- Contractual duty
- Professional duty
- Voluntary acceptance of responsibility for another
Name three categories of omissions pt 2
- Create a dangerous situation
- Special relationship
- Statutory duty
What is Contractual duty?
Duty to act arises due to a contract, for example, if its the person’s job
Contractual duty case
R v Pittwood
What is professional duty?
A person may have an occupation that requires them to protect others
Professional duty case
R v Dytham
What is voluntary acceptance of responsibility for another?
When a person undertakes a role to care for another
Voluntary acceptance of responsibility for another case
R v Stone and Dobinson
What is create a dangerous situation?
When a person creates a dangerous situation, they owe a duty to act in a way to try and remedy the danger
Create a dangerous situation case
R v Miller
What is special relationship?
Parents owe a duty of care to look after their children. Courts can impose a duty even if there is no blood relation
Special relationship case
R v Gibbins and Proctor
What is statutory duty?
Some statutes will make it a criminal offence to fail to act in certain situations
