Actus Reus Flashcards
To be guilty of an offence you must show that the defendant
- acted in a particular way
- failed to act in a particular way (omissions)
- brought about a state of affairs
When proving actus reus you must show
- the defendants conduct was voluntary
- it occurred while the defendant still had the requisite men’s rea
What is the defence of automatism ?
It is the absence of actus rea i.e. a complete destruction of voluntary control
What is an omission with reference to failure to act…
- dangerous situation created by the defendant
- under statue
- taken it upon themselves
- parental relationships with young person
What is a casual link or chain of causation?
It’s the link beeb the actus reus and the consequence
What is an Intervening act with reference to the causal link?
- the causal link can be broken by new intervening act
- the new act must be free, deliberate and informed.
The defendant must take the victim as they find them
Blood transfusions or skull weakness
What is Aiding?
Giving help and support
What is abetting?
Inciting, instigating or encouraging
What is counselling?
Advising or instructing
What is procuring?
Bring about
Does counselling an offence require a causal link?
No - as long as the offender is aware of the advice
Must there be a casual link in order provide procurement of an offence
Yes - you must show a causal link between his conduct and the offence
If the principle cannot be traced or has a defence is the accessory still liable?
Yes - because the principle supplies the actus rea and the accessory the mens rea
What is the state of mind required to convict an accessory?
Prof of intention to aid as well as knowledge of the circumstances
But the wider notions of recklessness and negligence are not enough
