Actus Reus

Question 1

latin maxim actus non facit reum nisi mens sit rea

Answer 1

an act does not make a man guilty of a crime unless his mind be also guilty
(Miller, 1983)

Question 2

importance of actus reus

Answer 2

a defendant will not be liable for a criminal offence unless the actus reus of the offence is proved

Question 3

what are strictly liability offences

Answer 3

offences that do not require a mens rea element

Question 4

elements of actus reus

Answer 4

conduct consequences
circumstances

Question 5

conduct element of actus reus

Answer 5

• involve either an act of an omission to act by the defendant
• ‘doing’ offences
• the conduct is simply making a statement on oath in judicial proceedings which is known to be false

Question 6

consequence element of actus reus

Answer 6

• involve a result which must have been caused by the conduct of the defendant
• proof of causation is required

Question 7

circumstance elements of actus reus

Answer 7

• involve the existence of a set of circumstances or ‘state of affairs
• some offences have no conduct or consequence elements, but simply depend upon the existence of a set of circumstances

Question 8

omission

Answer 8

failure to act

Question 9

what is the general rule of omission

Answer 9

‘there is no duty of easy rescue’

Question 10

exceptions to omission

Answer 10

• statutory duty
• special relationship
• voluntary assumption of responsbility
• duty to avert danger created (supervening fault)
• contractual duty/ public duty

Question 11

voluntary assumption of responsibility

Answer 11

duty to act may be imposed on a defendant where the defendant has voluntarily assumed responsibility for another person

Question 12

duty to avert danger created Miller principle

Answer 12

the common law imposes a duty on a defendant to act to avert a danger that he has created

Question 13

factual causation

Answer 13

prosecution must initially establish that the defendant’s conduct was a factual cause of the result
‘but for’ test

Question 14

legal causation

Answer 14

de minimis principle

Question 15

nevus actus interveniens

Answer 15

thin skull rule
third party intervention
negligent medical treatment

Question 16

the PACE act (1984)

Answer 16

governs police powers and the admissibility of evidence gathered during the investigation

Question 17

the codes of practice

Answer 17

provides the police with guidance on the exercise of their powers and which are issued by the secretary of state in accordance with s.66 of the PACE act (1984)

Question 18

what are the 8 codes of practice

Answer 18

• code A (stop and search powers)
• code B (search of premises and seizure of property)
• code C (detention, treatment and questioning of suspects)
• code D (identification procedures
• code E (audio recording of interviews
• code F (visual recording of interviews)
• code G (power of arrest)
• code H (detention, treatment, and questioning of suspects in cases of terrorism

Question 19

the criminal justice act (2003)

Answer 19

major piece of legislation governing most aspects of the criminal justice system, from procedural matters to the law of evidence

Question 20

sentencing act (2020)

Answer 20

consolidated existing sentencing legislation into a single act of parliament