Actus Reus

Question 1

What is a positive actus reus

Answer 1

A positive act e.g. assault or theft

Question 2

Positive acts case

Answer 2

Fagan - drove on cops foot - Mens rea can be superimposed on the actus reus so long as the actus reus is still continuing

Question 3

What is an ommision actus reus

Answer 3

Liability for omissions are either expressly stated in a section (e.g. failure to… return tax, fence swimming pool, register dog etc.) or implied in a section where the words can be reasonably interpreted to cover omissions as well acts.

Question 4

Omission case - did nothing about fire

Answer 4

Miller - Where a defendant has created a dangerous situation (even accidentally), when they subsequently become aware of the situation, they are under a duty to take action to rectify that dangerous situation. *must be aware of the situation

Question 5

Omission case - woman tried to change her status for benefit

Answer 5

Nicholson - Defendant had done enough to try comply, not her fault there was administrative mess ups

Question 6

What is status offence or state of affairs actus reus

Answer 6

Can be liable without an act or omission, simply being found in a particular situation or status for there to be an offence (e.g. peeping into someone’s house)

Question 7

Status case - deported into country they were banned from

Answer 7

Larsonneur - not good ratio but good example of status offence

Question 8

Status case - drunk on highway while in cop car

Answer 8

Winzar - All you need for status offence is to be found where you are found, does not matter how you got there

Question 9

What is needed for causation

Answer 9

Prosecution must prove that the defendants act caused the prohibited result. Must be no novus actus.

Question 10

Causation case - warrant detached from windscreen

Answer 10

Kilbride: Question should be did something occur beyond the defendant’s influence or control without his knowledge of the effect. In this case there was no opportunity for take a different course of action and a novus actus occurred so he did not cause the failure to produce a warrant

Question 11

Impossibility

Answer 11

Defence for when compliance is impossible

Question 12

Case on impossibility - did not have money to leave country when asked

Answer 12

Tifaga: Impossibility can not be pushed too far, the defendant must show they took all reasonable care to avoid the impossible position they are in.