Actus Reus

Question 1

What is actus reus?

Answer 1

Acts of the defendant and their consequences.
The defendant must have been proved to have done/failed to do, in what circumstances and under what consequences.
Ø Physical element
Ø External element
Ø Requires some activity on the part of the accused.
Ø Both voluntary act and consequent act.
Yet sometimes the accused isn’t active, the omission can satisfy the actus reus.

Question 2

What is mens rea?

Answer 2

Required mental state of the defendant.

Ø A defendant is only guilty if the act was voluntary/purposeful. 
Ø People can be guilty of an omission if they had a duty to act. 
Ø Only if both the actus reus and the mens rea are proved, will the defendant be guilty.  Mental element

Question 3

What three aspects does the actus rea of a crime involve?

Answer 3

Ø Proof the defendant did a particular act.
Ø Proof the act caused a particular result.
Proof the act occurred under certain circumstances.

Question 4

What are conduct crimes?

Answer 4

Where the conduct used is the offence and there is no required result element such as, theft.

Question 5

What are result crimes?

Answer 5

Proof that the act produced certain results such as, murder/manslaughter.

Question 6

What are the voluntary Act requirements?

Answer 6

Ø Many offences require proof of this.
Ø Some offences can be committed via omission, proof of a state of affairs, in respect of the actions of another.
Automatism means the defendant will not be guilty.

Question 7

What are omissions?

Answer 7

Ø No criminal liability, except when there is a duty to act.
Guilty when: under a duty, breached a duty, the harm of an individual. (3)

Question 8

What are statutory crimes?

Answer 8

> Statutory duties.
Contractual duties.
Assumed duties.

Question 9

If you own property, and someone commits a crime in your property/using your property in your presence, are you guilty?

Answer 9

The owner Is expected to have sought to prevent that crime.

Question 10

If someone creates danger, what becomes their duty?

Answer 10

They must stop the danger/mitigate the damage.

Question 11

What is required if there is a duty to act?

Answer 11

Act reasonably.
Act as an ordinary person would.
If the omission will not cause the result, they are innocent.

Question 12

What is novus actus interveniens?

Answer 12

The intervention of a third party, whose voluntary actions renders the original act as no longer a significant cause for harm.

Question 13

What is a concurrent cause?

Answer 13

Both people’s actions led to the harm.

Question 14

What cannot break the chain of causation?

Answer 14

Omissions from a third party.

Question 15

What can break the chain of causation?

Answer 15

Freak nature.

Question 16

When could D be accused?

Answer 16

If the third part’s acts were reasonably foreseeable.

Question 17

What is the voluntary act requirement?

Answer 17

Ø Proof the defendant did something.
Ø Identity thesis -acts required for criminal liability are willed bodily movements.
Ø Exclusivity thesis - acts that exits are simple acts.
Ø Mental cause thesis- Reflexes
Volition.

Question 18

What is the control principle?

Answer 18

Far easier to punish omissions than the ‘voluntary act requirement’.
Require the vital link between mind and body.

Question 19

What are examples of conduct crimes?

Answer 19

Perjury.

Question 20

What are examples of result crimes?

Answer 20

Murder and rape.