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Criminal Law > Actus Reus > Flashcards

Actus Reus Flashcards

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1
Q

case facts of Drury v HMA and the defence relevant

A
  • A killed his ex-partner with a hammer
  • argued a defence of provocation
  • Held that he didn’t demonstrate the mens rea to murder
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2
Q

case facts of Galbraith v HM Advocate and the defence relevant

A
  • Accused found guilty of murder of husband
  • claimed diminished responsibility, which was accepted as the ground for retrial
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3
Q

what is the key rule in regards to the actus reus

A

that it must exist in all crimes

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4
Q

what is a result crime

A

Harm from the conduct defines the crime

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5
Q

case for result crime and facts

A
  • Hogg v McPherson
  • Payment sought for the cost of damage caused by an accident
  • Court held the accused was not negligent and not responsible for harm caused
  • No crime was committed
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6
Q

what is a criminal omission

A

Offence consists in a failure to do something when required

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7
Q

what is Crime of Commission by Omission

A

These omissions are distinguished by the ‘result’ caused by the omission

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8
Q

Failure to act in a duty arising from relationship

A
  • Gibbins and Proctor (starvation)
  • Bone v HMA
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9
Q

Under contract

A

Bonar and Hogg v MacLeod

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10
Q

Duty to remove danger that has been created

A

MacPhail v Clark

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11
Q

Limits of responsibility for omission

A

Paterson v Lees

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12
Q

what does it mean by being under a contract

A

Duty of care may arise when an accused has assumed a duty under contract, or has a public duty to undertake certain duties and fails to do so

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13
Q

what does it mean by Duty to remove danger that has been created

A

If a person accidently commits an act that causes harm and then becomes aware of a danger created, there is a duty to act reasonably to avert that danger

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14
Q

what does Limits of responsibility for omission look at

A

Does DOC to children extend beyond parents

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15
Q

case facts of Charlotte Smith

A
  • no DOC
  • V was a servant and the owner failed to provide adequate food and lodging for her, resulting in her death
  • The owner wasn’t criminally responsible for the harm
  • As the servant, by free will, chose to stay where bad food and lodging was provided
  • owner didn’t owe her a duty of care and thus wasn’t criminally responsible
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16
Q

what is the contrasting case of Charlotte Smith and facts

A
  • R v Instan
  • accused was guilty of commission by omission crime and voluntarily adopted a duty to care for the victim, thus being criminally liable for harm resulted
17
Q

held in R v Russell 1933

A

accused should have taken all reasonable steps to prevent the commission of the crime

18
Q

case facts of R v Smith 1979

A
  • Pregnant woman refused to see a doctor
  • Baby was still born, mother became ill and refused to see a doctor, leading to her death
  • Husband charged with manslaughter but acquitted
  • Wife made her choice and husband was released from DOC
19
Q

what are the three types of actus reus

A
  • Acts/ conduct that the law recognises as criminal and seeks to prevent
  • Acts of omission
  • State of Affairs
20
Q

what does Criminal liability relate to

A

number of statutory and common law offences that can only be committed when a certain state of affairs exist, or where an accused is in a certain situation

21
Q

case facts of Larsonneur 1934

A
  • Charged with illegal entry into the UK but the circumstances were not of her doing
  • Police created the situation that she found herself in
  • But she was held liable and found guilty
22
Q

case facts of O’Sullivan v Fisher

A
  • Accused charged with being unlawfully drunk in a public place and thrown out of a pub
  • Court asked to consider if the accused was forced into the street against his will and should the court take account how he came to be in this ‘state of affairs’
  • decided to be NO
23
Q

what must the act or omission be where the actus reus of a crime exists in an act or in an omission

A
  • ‘Voluntary’
  • ‘Willed’ by and within the control of the accused
24
Q

what is Involuntary Conduct

A

A person cannot be held responsible for conduct which would otherwise amount to an actus reus of a criminal act but which is ‘involuntary’

25
Q

case for involuntary conduct and what does it say

A
  • Bratty v AG for Northern Ireland
  • ‘no act is punishable if it is done involuntarily’
  • Involuntary act; an act done by the muscles without any control of the mind
26
Q

define Caveats

A
  • An act is not to be regarded as involuntary just because the person doing the act doesn’t remember it
  • Nor is an act involuntary because it’s unintentional or its consequences are unforeseen
27
Q

what are overt acts

A

A person can’t be held responsible for conduct which is ‘involuntary’

28
Q

what happens if a person commits what would be the actus reus of a crime, but does so in a state of unconsciousness

A
  • requisite mens rea is absent
  • the courts will look at how the ‘state of affairs’ came about
29
Q

Case example and case facts for State of Unconsciousness

A
  • Simon Fraser 1878
  • Killed his son whilst dreaming that he was being attacked by a beast
  • Admitted the killing but claimed he was unconscious at the time and couldn’t be held responsible
  • NOT GUILTY
30
Q

what is Automatism

A
  • Concerned with involuntary actions carried out by the accused
  • The accused would not have carried out those actions had it not been for some other ‘factors’ which impaired their ability to control their actions
31
Q

what is the tests for automatism

A

‘It must have resulted in a total alienation of reason amounting to a complete absence of self-control’ - an absence of self-control

32
Q

what is the case and the facts for automatism due to an external factor

A
  • Ross v HM Advocate
  • Found guilty on 7 charges of murder
  • Drugs were put in his drunk and he had no knowledge of this
  • He was incapable of forming the requisite mens rea
  • Conviction overturned
33
Q

what is the case and the facts for automatism due to an internal factor

A
  • HM Advocate v Ritchie
  • Charged with causing death by reckless driving
  • Special defence of temporary mental dissociation

Criminal Law (19 decks)

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