Actus Reus Flashcards
What is the Actus Reus
-Physical part of the crime
Categories of actus reus ( consequence/result crime)
a particular result is required, r.g. death for murder. They require causation- D must have caused the result
Categories of actus reus ( conduct crimes)
The act is required and the outcome is irrelevant , e.g perjury
Categories of actus reus ( state of affairs crime)
Consists of circumstances for which D is responsible. E.g. having an offensive weapon in a public place (s1 Prevention of crime act 1953)
Positive voluntary acts
If D’s acts was involuntary, because he was not in control of his own body or the act was carried out under pressure, he will not be guilty
Hill v Baxter
Feel asleep behind wheel of car and tan someone over
Argued wasn’t in control of his acts but court gave examples of not in control such as a swarm of bees
Conviction even if not acting voluntarily (Larsonneur)
D ordered to leave UK, D went to Ireland but Irish police deported her back to UK. D didn’t want to go back and did not go voluntarily.
D convicted of the offense of: “being an alien to whom leave the land in the UK had been refused, and was found in the UK”