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

requires a certain outcome for the actus reus to be formed
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

Answer 6

duty as a parent
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

Answer 7

assuming a duty to v
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

Answer 8

public duty to act
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

Answer 9

creating a dangerous situation/ setting in motion a chain of events
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

Answer 10

contractual duty
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

D’s duty to act can be imposed by a statute (law)
e.g. 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

All that is required for the actus reus to be formed is for a certain set of circumstances to exist

Question 13

r v larsonneur (SOA)

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 the same series of events, they coincide and D is criminally liable.