actus reus Flashcards
What is AR?
The actus reus is the physical element of a crime, meaning the guilty act. It is the prohibited act which the defendant must commit.
How many types of offences are there?
3.
What is the first act? (Hint = conduct).
The crime can be a conduct crime which only requires a conduct.
What is the second act? (Hint = consequence).
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.
What is required for a consequence crime?
It requires proof that the defendant’s act caused the prohibited consequence by proving causation.
What did the case of Marchant and Muntz rule?
There must be the prohibited conduct as well as the prohibited consequence.
What is the third act? (Hint = state of affairs). Back with case example.
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.
What is the general rule for the AR?
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.
What did the case of Hill v Baxter give examples of?
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.
What does R v Mitchell illustrate?
It illustrates that an involuntary act can occur where the defendant hit another due to a reflex or muscle spasm.
What happens if there is an absence of fault?
However, if there is an absence of fault, the defendant is not usually liable.
What is the exception for some state of affair case?
The exception is some ‘state of affair’ cases which comes under absolute liability offences and to some extent, strict liability offences.
What is the general rule on the AR for omissions?
The general rule is that the actus reus must be a positive act, therefore, an omission cannot make a person guilty of an offence.
What does an omission mean for the AR of an offence?
An omission is sufficient for the actus reus of an offence where the defendant has a duty to act.
How many ways do duties exist?
6.
Explain a statutory duty.
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).
Explain a contractual duty. Back with case example.
A contractual duty arises due to a contract, e.g., one’s job as in R v Pitwood
Explain duty because of a relationship. Back with case example.
A parent-child relationship creates liability as the parent has duty to care for their child as in R v Gibbons and Proctor.
Explain a duty taken on voluntarily. Back with case example.
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.
Explain a duty through one’s official position. Back with case example.
A person may have an occupation that requires them to act as in R v Dytham.
Explain a duty that arises from a chain of events set in motion. Back with case example.
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.
