Actus reus

Question 1

What is the literal translation of actus reus ?

Answer 1

guilty action

Question 2

What can 3 things can constitute an actus reus?

Answer 2

1. An act
2. An omission
3. A state of affairs

Question 3

What are ‘state of affairs’ crimes?

Answer 3

Where allowing a state of affairs which is illegal conduct continue. Such as possession of a weapon in a public place.

Question 4

What must the actus reus be for it to be considered a crime?

Answer 4

Actus reus must be voluntary - but there have been exceptions RV Larsonneur (1933)

Question 5

What case demonstrates that even someone involuntarily inflicting harm on a third party due to the actions of the first party has not necessarily committed a crime?

Answer 5

RV Mitchell (1983)
Facts: D pushed someone into V (who died from injuries). D convicted of unlawful act manslaughter. Man who was pushed was not charged.

Question 6

RV Mitchel (1983)
What does this case demonstrate regarding voluntariness of actus reus?

Answer 6

Demonstrates: that even if someone is pushed into someone else causing harm to the latter person then they are not necessarily guilty of a crime.

Question 7

What case shows a rare instance where D can be convicted of an offence they didn’t voluntarily commit?

Answer 7

RV Larsonneur (1933)
Facts: D had been ordered to leave UK and went to Ireland. Ireland didn’t want her either so she was deported to the UK and arrested immediately for being an illegal alien.

Question 8

RV Larsonneur (1933)
What does this case demonstrate regarding the actus reus of a crime?

Answer 8

Demonstrates: a rare circumstance where D can be found guilty of an offence even though they did not voluntarily commit the act.

Question 9

What are the circumstances in which a duty exists, therefore meaning someone must act to protect an individual?

Answer 9

1) Statutory duty
2) Contractual duty
3) Relationship duty
4) Voluntarily assumed duty
5) Positional duty
6) Because D set in a chain of events

Question 10

Omissions constituting an actus reus.
2) Contractual duty
Case example?

Answer 10

RV Pittwood (1902)
Facts: Rail crossing guard failed to close gate, leading to the death of a pedestrian. Keeper found guilty of manslaughter.

Question 11

Omissions constituting an actus reus.
3) Relationship duty.
Case example?

Answer 11

RV Gibbins and Proctor (1918)
Facts: Father of young girl purposefully neglected to feed her and she died-step mum also found guilty because she was held to have undertaken the task of caring for the child.

Question 12

What can cause a novus actus interveniens?

Answer 12

1. D’s own actions
2. Actions of a third party
3. An unforeseen natural event

Question 13

Omissions constituting an actus reus.
4) Voluntarily assumed duty
Case example?

Answer 13

RV Gibbins and Proctor (1918)
Facts: Specifically referring to the step mum, she had voluntarily assumed the duty of caring for the young girl who died.

Question 14

Omissions constituting an actus reus.
5) Positional duty
Case example?

Answer 14

RV Dytham (1979)
Facts: D was police officer on duty who witnessed a man being beaten to death but did not act-D found to have neglected his
duty.

Question 15

Omissions constituting an actus reus.
6) D set in motion a chain of events
Case example?

Answer 15

RV Miller (1983)
Facts: D was a squatter who fell asleep smoking and when he awoke to find his mattress on fire, simply changed beds-D found guilty of arson.

Question 16

What case is an example of the ‘but for’ principle?

Answer 16

RV Pagett (1983)
Facts: D used GF as a human shield and she died. D found guilty of manslaughter because the gir wouldn’t have died ‘but for’ his actions.

Question 17

What is the ‘but for’ principle?

Answer 17

It is a factual cause where the result wouldn’t have occurred ‘but for’ the actions of D.