Actus Reus

Question 1

Actus Reus

Answer 1

• The prohibited act, and the state of mind to do the act

Question 2

Basic Elements of Actus Rea

Answer 2

1. Physical voluntariness
2. Act (also omissions, status)
3. Circumstances
4. Consequences and causation

Question 3

Voluntariness

Answer 3

• Always an element of the AR
• Voluntary = product of conscious choice.
• Examples
  * Being involved in a car accident while having a heart attack
  * Sleepwalking
  * Reflexive action

Question 4

Kilbride v Lake

Answer 4

• He had a valid vehicle registration, but it had fallen when the cop pulled him over
• a person cannot be convicted of any crime unless he has committed an act prohibited by law
• The actus reus must be committed voluntarily

Question 5

Party Liability

Answer 5

Parties to offence
21 (1) Every one is a party to an offence who
(a) actually commits it;
(b) does or omits to do anything for the purpose of aiding any person to commit it; or
(c) abets any person in committing it.

Question 6

Failure to Act

Answer 6

• When there is a legal duty to act or a duty of care, not acting counts as actus rea
• Preservation of life
  * Guardians of a child
  * A spouse
  * A person under your charge
• Treason
  * If you know it will happen then you must attempt to prevent it
• Criminal negligence
  * In doing anything
  * Omitting to do something that shows disregard for life/safety

Question 7

R v. Browne

Answer 7

• Browne was a drug dealer and allowed someone to overdose by not taking her to the hospital fast enough and not telling doctors she had taken drugs

Question 8

R v. Thornton

Answer 8

• Thornton knew he was positive for HIV but he donated blood anyway, endangering people
• 180. (1) Everyone who commits a common nuisance and thereby
       (a) endangers the lives, safety or health of the public, or
       (b) causes physical injury to any person,
       is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years