Actus Reus Flashcards
What is individual autonomy?
The ability of a person to make his or hers own decision
Case example = R v Kennedy
What does maximum certainty in law imply?
Law should be clear and open, applied in a precise and predictable manner
Includes being innocent until proven guilty
What are the two components required to constitute a crime in criminal law?
Actus reus and mens rea
Actus reus = the act; Mens rea = the guilty mind
What is a strict liability offence?
An offence that requires no proof of mens rea
Unlike other crimes where both actus reus and mens rea must coincide
What is fair labeling in law?
It is unfair to label someone inaccurately; punishment must reflect the severity of the crime
What does the presumption against retrospective liability state?
Laws must not be retrospective; a person cannot be tried for an offence not defined at the time of conduct
Example: The War Crimes Act 1991
Define actus reus.
The prohibited physical conduct of a crime
Must be voluntary, an act, an omission, or a state of affairs
What are the three types of actus reus?
- Conduct crimes
- Result crimes
- State of affairs crimes
What is a conduct crime?
A crime where the conduct itself is criminal, regardless of consequence
What is a result crime?
A crime where prohibited conduct must result in a consequence
What is a state of affairs crime?
A crime where the actus reus consists of being in a specific state or place, even involuntarily
What must be shown to establish actus reus?
The act must be voluntary
Involuntary actions do not count
What is an omission in legal terms?
Failure to act
Generally, an omission cannot make a person guilty of an offence
What are the exceptions to the rule against omissions?
- Duties arising out of contract
- Duty by virtue of relationship
- Duty by assumption of care
- Duty by public office
- Duty by creating a dangerous situation
What is the duty of doctors regarding patient treatment?
Stopping treatment in the best interest of the patient is not considered an omission
Example: Airedale NHS Trust v Bland
What is the good samaritan law?
Makes a person responsible for helping others in an emergency situation
Not active in England but exists in countries like France
What are some advantages of the good samaritan law?
- Protection of those in danger
- Modern moral responsibilities
- Imposes a duty to help
What are some disadvantages of the good samaritan law?
- Risk of causing more harm
- Potential to lure people into danger
- Uncertainty over what constitutes an emergency
What challenges exist regarding the law on omissions?
- Difficulties deciding when a duty exists
- Assumption of duty fairness
- Potential contradictions in medical treatment law
