Actus Reus Flashcards
In order to prove Criminal liability what two elements need to be present?
Actus Reus
Mens Rea
What are the three different types of crimes with slightly different actus Reus?
Conduct crimes
Consequence/results crimes
State of affairs crimes
What is a conduct crime?
The guilty act itself is criminal, irrespective of the consequence
Give examples of conduct crimes
Rape
Theft
Downloading child abuse images
What are consequence/results crimes?
The guilty act itself may not be criminal but the consequence is.
Give an example of a consequence crime
Swinging an axe may not be illegal but deliberately hitting someone with it and killing them is murder
What is a state of affairs crime?
This is where the guilty act is a state of affairs for which the D is responsible
Give examples of state of affairs crimes.
Possessing an offensive weapon in a public place
Possession of a controlled drug
For actus Reus to be proved, what must the act be?
“Voluntary”
In Hill v Baxter, what did the judge famously refer to?
A “swarm of bees”
What is the exception were automatism is not an excuse?
Self-induced intoxication
Define automatism
Acting involuntarily/ the performance of actions without conscious thought or intention
Define act/commission
Doing something
Define omission
Failure to do something
Generally speaking you cannot be liable for omissions under English law but where are there exceptions?
Where there is a “duty to act”.
Give the six exceptions where there is a duty to act under omissions
Statutory duty
Contractual duty
Duty through official position
Duty from special relationship
Duty taken on voluntarily
Duty arising from setting in motion a chain of events/creating a dangerous situation
Define state of affairs
The situation you are found in
Give an example of a statutory duty law.
Road Traffic Act 1988
Give a case example for a contractual duty
Pittwood (1902)