Actus Reus Flashcards
What is the actus reus?
All elements of a crime not the state of mind. ( The physical act itself )
Case for actus reus?
R v Marchant and Muntz - D moving hay bales and collided with a motorcyclist who died. Convicted of causing death by dangerous driving but COA quashed as no suggestion driving was dangerous.
What are State of affair crimes and what act?
Actus reus can be a state of affairs for which D is responsible. E.g having an offensive weapon in public place.
s1 of the Prevention of Crime Act 1953
Case for state of affairs?
R v Larsonneur - D, a Frenchwoman was ordered to leave the uk - went to Ireland was deported back to uk and was convicted for being an alien who had been refused to land but had been found in the uk.
What is the voluntary nature of the actus reus?
Act or omission must be voluntary or actus reus hasn’t been satisfied.
Case for voluntary nature?
R v Mitchell - D punched old man who confronted him for pushing in a line. Old man fell into old woman who fell over and died of injuries. D convicted of manslaughter. Old man nothing.
