Actus Reus

Question 1

Define actus reus?

Answer 1

The ‘doing’ element of a crime - Guilty act

Question 2

What are the three types of actus reus?

Answer 2

Conduct crimes
Consequence (result) crimes
Circumstance (state of affairs) crimes

Question 3

What are conduct crimes?

Answer 3

Where the actus reus (guilty action) is the prohibited conduct itself.

Question 4

What are consequence crimes?

Answer 4

Crimes where the actus reus must result in a consequence before it can become a crime.

Question 5

What are circumstance crimes?

Answer 5

Where the guilty act exists where a particular set of Circumstances are present. Usually being something rather than doing something.

Question 6

Define ‘voluntary acts’?

Answer 6

Conduct which is performed consciously (Hill V Baxter)

Question 7

Define ‘involuntary acts’?

Answer 7

An act which is not consciously controlled by the mind (reflexes/personal conduct in certain cases) (R v Larsonneur) (Winzar V Chief constable of Kent)

Question 8

What is an Omission?

Answer 8

A failure to act. The general rule holds that this can’t make a person guilty of an offence but there are certain exceptions to this.

Question 9

In what situations is there a duty to act?

Answer 9

1)Where the defendant has a special relationship with the victim (Gibbins and Poctor 1918)
2)Where the defendant has assumed responsibility for the person (Instan)
3)Defendant has created a dangerous situation.
4)Contractual obligation to act (Adamako 1995)
5)Statutory duty (s7 (6) Road traffic act 1988)
6)An official position (police) (Dytham 1979)

Question 10

Examples of involuntary actions

Answer 10

Heart attacks
Seizures
Attacked by a swarm of bees
hit on the head by a stone