Actus Reus ✅ Flashcards
What does Actus Reus mean?
Guilty Act
What is an Actus Reus?
An act, an omission, or a state of affairs that is the prohibited conduct in an offence
What is a conduct crime?
A crime where the actus reus is the prohibited conduct itself e.g drink driving
What are consequence crimes?
Where the Actus Reus is only committed where as well as the defendant doing, or failing to do, something, there is also a particular prohibited consequence e.g s.47
Offences against the person act 1861
What is a state of affairs crime?
Where the AR is a state of affairs for which the defendant is responsible e.g misuse of drugs act 1971. Must be involuntary
What is a Good Samaritan Law?
Makes a person responsible for helping others in an emergency situation.
What is an omission?
Failing to act
What is meant by a statutory duty?
Must follow rather than chose to do e.g S1 children and young persons act - duty to feed, clothe, house or seek medical attention
Which case represents a contractual duty?
R v Pitwood - railway guard didn’t shut gates
Which case represents a relationship duty?
R v Gibbons and Proctor - father and mistress failed to feed daughter
Which case represents a voluntary duty?
R v Gibbons and Proctor - father and mistress failed to feed daughter - mistress had a voluntary duty
Which case represents a public office / official position / doctors duty?
R v Dytham - police officer stood by and did nothing at scene of assault
Which case represents the creating of a dangerous situation?
R v Miller - accidental fire started in home and no attempt made to put it out
What is meant by causation?
Where the consequence must be proved for the offence, the prosecution must show:
- The defendants conduct was the factual cause of the consequence (but for test)
- It was the legal cause and consequence
- There was no intervening act which broke the chain of causation
What is an intervening act?
- An act of a third party
- Victims own act
- An unreasonable reaction / unpredictable event
