Actus Reus

Question 1

What is the standard of proof in criminal law?

Answer 1

Beyond Reasonable Doubt

Question 2

Who has the burden of proof in criminal cases?

Answer 2

Prosecution

Question 3

What is the definition of actus reus?

Answer 3

The guilty act of the defendant

Question 4

Give an example of a conduct crime

Answer 4

Eg - Drink driving , theft, battery

Question 5

Give an example of a consequence crime

Answer 5

Eg - Assault, Murder

Question 6

Give an example of state of affairs crimes

Answer 6

Eg - Possession of controlled drug/weapon

Question 7

What does omission mean?

Answer 7

A failure to act

Question 8

What is the general rule regarding omissions?

Answer 8

Person is not liable for omissions as there would not be a AR

Question 9

Name the 6 expectations to the rule on omissions an the case/statue that goes with it?

Answer 9

A Statutory duty - Road Traffic Act
A Contractual Dutty - R v Pittwood
A Duty because of a Relationship - R v Gibbins and Proctor
A Duty which has been taken on Voluntary- R v Stone and Dobinson
A Duty through an Official Position - R v Dytham
A Duty by creation of a Dangerous Situation - Miller