actus reus

Question 1

actus reus

Answer 1

guilty act

Question 2

conduct crimes

Answer 2

the prohibited behaviour itself forms the actus reus e.g. perjury (lying in court)

Question 3

result crimes

Answer 3

the actus reus must result in a certain outcome e.g. V must die for there to be an actus reus for murder
requires causation to be established

Question 4

hill v baxter

Answer 4

it was held that the actus reus must be voluntary

Question 5

omission

Answer 5

failure to act
do not form the actus reus of the offence

Question 6

R v gibbens and proctor
duty as a parent

Answer 6

held: gibbins (as her father) and Proctor (who had care of V and received money to buy food for her) had a duty to act to ensure she was fed and looked after, as they were her parents. Their omission to do so formed the actus reus of murder.

Question 7

r v stone and dobinson assuming a duty to v

Answer 7

held: the defendants had assumed a duty to act when they started looking after V and their omission to get help formed the actus reus of manslaughter.

Question 8

r v dytham
public duty to act

Answer 8

held: as D had a public duty to act, his omission to intervene formed the actus reus of misconduct in a public office

Question 9

r v miller
creating a dangerous situation/ setting in motion a chain of events

Answer 9

held: as d had created a dangerous situation or set in motion a chain of events, he had a duty to act to put the fire out. His omission to do so formed the actus reus of arson

Question 10

r v pittwood
contractual duty

Answer 10

held: the d had a contractual duty to act, and his omission to close the gate formed the actus reus of manslaughter

Question 11

statutory duty

Answer 11

for example, failing to stop at the scene of a road traffic accident is an offence under s170 Road Traffic Act 1988.

Question 12

a state of affairs

Answer 12

the actus reus of an offence can be formed by the existence of a certain set of circumstances. no positive conduct is required for this offence.
for example, being in charge of a vehicle on the public highway whilst intoxicated is an offence under s4(2) road traffic act 1998

Question 13

r v larsonneur

Answer 13

held: it doesn’t matter how d was back in the UK (forced by ROI) Lord Hewart CJ says it “makes no difference at all”

Question 14

coincidence rule

Answer 14

actus reus and mens rea need to be present at the same time for there to be criminal liability

Question 15

fagan v MPC

Answer 15

held: the actus reus continued until the mens rea arrived, so there was coincidence and D was guilty.

Question 16

r v thabo meli

Answer 16

held: as long as the actus reus and mens rea both occur during a series of events, they coincide and D is criminally liable.