Actus Reus Flashcards
Actus rues
Actus rues is guilty act in Latin . It is the behavioural element of an offence, when proving the actus rues you must show the defendants conduct was voluntary and that it occurred while the defendant still had the requisite men’s Rea.
Voluntary act
This is something done by the defendant and by free will
Involuntary act
This is something that happened to a defendant
Automatism
This refers to the performance of actions without conscious thought or intention. It is not a defence however it follows that if defendants have total loss of control over their actions they cannot be held liable for those actions and may be grounds to claim a defence of automatism
Causation
This means the action of something. Drug dealers will not be the cause of death if someone has a overdose unless they inject the drugs and the same for medical treatment unless in exceptional circumstances
Omissions - duty to act
D dangerous situation is created by the defendant
U under statute, contract or public office
T taken it upon themselves to carry out a duty but than fails to do so
Y young person/ child there is an obligation for that parent to care for the child - not a unconnected child
Parasitic accessory liability
Parasitic accessory liability, also known as joint enterprise liability, is a legal doctrine that allows individuals who are involved in a criminal venture to be held criminally liable for the actions of their co-conspirators or associates, even if they did not personally carry out the criminal act.