Actus reus Flashcards
1
Q
What is actus reus?
A
- an act
- an omission
- a ‘state of affairs’
- most cases will be something the defendant does
- may also include conduct, circumstances and a consequence.
2
Q
What is a conduct crime?
A
- the actus reus is the prohibited conduct/act itself
- e.g s 5(a) of the rad traffic act says no consequence is required to be driving illegally with excess alcohol in your bloodstream.
3
Q
What is a consequence crime?
A
- must result in a consequence
- only actus reus where there is a particular consequence
- assault occasioning bodily harm there must be the consequence for it to be a s47 offence.
- Marchant and muntz - not enough that there is a consequence, an actus reus must cause that consequence.
4
Q
What is a circumstance crime?
A
- state of affairs for which the defendant is responsible
- about ‘being’ in a situation or ‘having’ something rather than doing or causing something.
- s1 of prevention of crime act says the defendant doesn’t have to do anything with the weapon nor have it visible, it is enough for them to have it with them.
- r v larsonneur - not one that they entered voluntarily but can still have absolute liability.
5
Q
What is the voluntary nature of actus reus?
A
- act or omission must be voluntary
- hill v Baxter -if they have no control they don’t have the actus reus
- r v mitchell - fault is concerned with fault on the part of the defendant. where there is an absence of fault, not usually liable.
6
Q
What is involuntariness in actus reus?
A
- the exception is in state of affairs.
- r v larsonneur
- this is also present when considering lack of mens rea
7
Q
omissions as actus reus
A
- an omission cannot make a person guilty of an offence - stephen j
8
Q
What is the good Samaritan law?
A
- makes a person responsible for helping others in an emergency situation despite being strangers.
- miller - a defendant who has created the risk would only be expected to take reasonable steps and not be expected to put themselves at risk
9
Q
What are the exceptions?
A
- there are 6 ways in which a duty to act can exist
- a statutory duty
- a contractual duty
- a duty because of a relationship
- a duty undertaken voluntarily
- a duty through ones official position
- a duty which arises because the defendant set in motion a chain of events.
10
Q
Statutory duty
A
- an act of parliament can create liability
- failing to stop or report a road traffic accident and or failing to provide a specimen of breath.
- s1 children and young persons act parents are legally responsible for a child under a duty to provide food, clothing, medical aid and lodging, if failed to they are guilty of wilful neglect.
11
Q
Contractual duty
A
- r v pitwood - railway crossing keeper omitted to shut the gates resulting in a person crossing and being struck and killed
12
Q
Relationship link to duty
A
- r v gibbins and proctor - a duty can exist between a grown-up and elderly parent
- r v evans - mother guilty of manslaughter for failure to act on her daughter after overdosing on heroin and failing to get medical help.
13
Q
Voluntary duty
A
- Gibbins and proctor - partner undertaken to look after girl therefore having duty towards her.
- r v stone and Dobinson
14
Q
Through ones official duty
A
- r v dytham - very rare (d was police officer and took no steps to break up fight)
15
Q
Chain of events set in motion by defendant
A
- r v miller - squatter accidentally started fire and took no steps to alert authorities
- dpp v Santa Bermudez - failure to tell police officer of needle making d liable
