Actus Reus

Question 1

Conduct crimes

Answer 1

where AR is the prohibited conduct itself, there doesn’t have to be a consequence e.g. drink driving

Question 2

Consequence crime

Answer 2

where the defendant is doing something (or failing to do something) results in prohibited consequences
for the consequence crime to be deemed a crime however, the behaviour before and the consequence must have an AR

Question 3

‘State of affairs’ crimes

Answer 3

where the actus reus is simply the act itself e.g. carrying an offensive weapon in a public place of being in possession of a controlled substance
regardless of the intention it is the act that is an offence itself

Question 4

Voluntary nature of actus reus

Answer 4

D must have control over what they do or fail to do

Question 5

Motif

Answer 5

law isn’t interested in the motif but the intention, motif for doing something is not important, the reason you do something is more important

Question 6

Omission

Answer 6

where you fail to do something
- failing to act in a certain situation doesn’t make a person guilty of an offence

Question 7

Omission that is not an offence

Answer 7

if you saw someone drowning you have no legal obligation to help somebody unless you have some direct involvement

Question 8

Omission that is an offence

Answer 8

Failing to feed your child and they die from starvation

Question 9

Exceptions

Answer 9

Where a duty to act already exists, then actus reus applies in an omission

Question 10

Good Samaritan Law

Answer 10

UK don’t have this law because there are too many people

Question 11

Statutory duty (legal obligation)

Answer 11

When an Act of Parliament creates liability when there is an omission, an offence can be committed for failing to do something e.g.:
- failing to stop/report a traffic accident (s 170 of the Road Traffic Act 1988)
- failing to submit a breathing test (s 6 of the Road Traffic Act 1988)
- failure to provide food, clothing and care to a child under your legal control (s 1 Children and Young Persons Act 1933)

Question 12

Contractual duty

Answer 12

duty of care in your job e.g. a lifeguard leaving their post unattended where somebody drowns

Question 13

Relationship duty

Answer 13

where either a parent/child relationship operates, or the other way round, a child caring for an elderly relative

Question 14

Voluntary duty

Answer 14

a duty has been taken on voluntarily, there also exists a case for liability

Question 15

Factual cause

Answer 15

where the consequence wouldn’t have happened but for the defendant’s actions

Question 16

Legal cause

Answer 16

Blame is not automatic on one individual, there must be more than just a minimal cause of the consequence then they can be convicted

Question 17

Multiple causes

Answer 17

the defendant can be guilty even if their conduct was not the only cause of the consequence

Question 18

‘Thin skull rule’

Answer 18

if the victim suffers an even greater injury owing to their physical or mental state, in other words, they suffer more than a ‘normal’ person would, the defendant is liable for that injury

Question 19

Intervening acts (novs actus interveniens)