actus reus

Question 1

What is AR?

Answer 1

The actus reus is the physical element of a crime, meaning the guilty act. It is the prohibited act which the defendant must commit.

Question 2

How many types of offences are there?

Answer 2

3.

Question 3

What is the first act? (Hint = conduct).

Answer 3

The crime can be a conduct crime which only requires a conduct.

Question 4

What is the second act? (Hint = consequence).

Answer 4

The crime can be a consequence crime which requires both a conduct and consequence.

This means that the actus reus is only committed where the defendant does or fails to act and a prohibited consequence is also achieved.

Question 5

What is required for a consequence crime?

Answer 5

It requires proof that the defendant’s act caused the prohibited consequence by proving causation.

Question 6

What did the case of Marchant and Muntz rule?

Answer 6

There must be the prohibited conduct as well as the prohibited consequence.

Question 7

What is the third act? (Hint = state of affairs). Back with case example.

Answer 7

The crime can be a ‘state of affairs’.

This means that some crimes just require a certain set of circumstances to occur for the actus reus to be present as in R v Larsonneur.

Question 8

What is the general rule for the AR?

Answer 8

The general rule is that the actus reus (act or omission) must be done voluntarily to be found guilty.

If the defendant is forced or has no control over their actions, they have not committed the actus reus of the crime.

Question 9

What did the case of Hill v Baxter give examples of?

Answer 9

It examples of situations where a driver of a vehicle could not be said to have been acting voluntarily such as having a heart attack while driving, etc.

Question 10

What does R v Mitchell illustrate?

Answer 10

It illustrates that an involuntary act can occur where the defendant hit another due to a reflex or muscle spasm.

Question 11

What happens if there is an absence of fault?

Answer 11

However, if there is an absence of fault, the defendant is not usually liable.

Question 12

What is the exception for some state of affair case?

Answer 12

The exception is some ‘state of affair’ cases which comes under absolute liability offences and to some extent, strict liability offences.

Question 13

What is the general rule on the AR for omissions?

Answer 13

The general rule is that the actus reus must be a positive act, therefore, an omission cannot make a person guilty of an offence.

Question 14

What does an omission mean for the AR of an offence?

Answer 14

An omission is sufficient for the actus reus of an offence where the defendant has a duty to act.

Question 15

How many ways do duties exist?

Answer 15

6.

Question 16

Explain a statutory duty.

Answer 16

A statutory duty (Act of Parliament) can create liability for an omission.

Examples include failing to stop or report a road traffic accident.

These offences require proof of only an actus reus to establish guilt (strict liability offences).

Question 17

Explain a contractual duty. Back with case example.

Answer 17

A contractual duty arises due to a contract, e.g., one’s job as in R v Pitwood

Question 18

Explain duty because of a relationship. Back with case example.

Answer 18

A parent-child relationship creates liability as the parent has duty to care for their child as in R v Gibbons and Proctor.

Question 19

Explain a duty taken on voluntarily. Back with case example.

Answer 19

A duty that arises when a person voluntarily undertakes a rule in relation to the victim and fail to perform also exists as in R v Evans.

Question 20

Explain a duty through one’s official position. Back with case example.

Answer 20

A person may have an occupation that requires them to act as in R v Dytham.

Question 21

Explain a duty that arises from a chain of events set in motion. Back with case example.

Answer 21

When a person creates a dangerous situation, they are under a duty to act to try and remedy the danger as in R v Miller.