Actus Reus Flashcards
What is the role of actus reus in establishing criminal liability?
A) It determines the intent behind the crime
B) It refers to the physical act or omission that constitutes the crime
C) It establishes whether the defendant had a defence
D) It ensures the defendant’s motive is considered
B) It refers to the physical act or omission that constitutes the crime
Explanation:
Actus reus refers to the guilty act, which can be a conduct, result, circumstance, or omission.
Which of the following is an example of a “result crime”?
A) Burglary
B) Theft
C) Murder
D) Perjury
C) Murder
Explanation:
Result crimes require a specific consequence. For murder, the actus reus includes causing the death of the victim.
When does an omission lead to criminal liability?
A) Whenever someone fails to act
B) Only when there is a legal duty to act
C) If the omission is morally wrong
D) When the victim suffers serious harm
B) Only when there is a legal duty to act
Explanation:
An omission is only criminal if there is a legal duty to act, such as a contractual obligation (R v Pittwood) or duty from assumption of responsibility (R v Stone & Dobinson).
In which situation does an actus reus requirement focus on surrounding circumstances rather than conduct or result?
A) In crimes that require an intention to harm
B) In theft, where property must “belong to another”
C) In assault, where harm must result from the defendant’s act
D) In offences that require causation of injury
B) In theft, where property must “belong to another”
Explanation:
Some crimes depend on circumstances. In theft, the actus reus includes appropriating property belonging to another, making ownership status crucial.
A burglar enters a house but takes nothing because they hear someone inside. Have they still committed a crime?
A) Yes, because burglary is a conduct crime
B) No, because nothing was stolen
C) Yes, but only if they had the intent to cause harm
D) No, unless they caused property damage
A) Yes, because burglary is a conduct crime
Explanation:
Burglary under s9 Theft Act 1968 is a conduct crime—entry into a building as a trespasser with intent is enough, even if nothing is stolen.
A paramedic refuses to help an injured person while on duty, and the person dies. What type of actus reus applies?
A) Conduct crime
B) Result crime
C) Circumstance crime
D) Omission
D) Omission
Explanation:
The paramedic has a legal duty to act due to their professional role. Failure to act can result in liability for gross negligence manslaughter.
A factory knowingly dumps toxic waste into a river. The waste does not immediately harm anyone, but it is illegal. What type of actus reus applies?
A) Conduct crime
B) Result crime
C) Circumstance crime
D) Omission
C) Circumstance crime
Explanation:
Some crimes depend on circumstances rather than results. Dumping waste is illegal regardless of harm, making it a circumstance crime.
A shop owner removes an expiry date from a food package and sells it. What type of actus reus applies?
A) Conduct crime
B) Result crime
C) Circumstance crime
D) Omission
D) Omission
Explanation:
By removing the expiry date, the shop owner fails to provide required information. This is an omission-based offence under food safety laws.
A driver negligently runs a red light but does not hit anyone. Is this still an offence?
A) No, because no harm was caused
B) Yes, because it is a conduct crime
C) Yes, but only if someone was put in danger
D) No, unless it led to an accident
B) Yes, because it is a conduct crime
Explanation:
Some crimes focus on the act itself, rather than the outcome. Running a red light is a conduct crime, regardless of whether harm occurs.
A father refuses to feed his child, leading to starvation and death. What is the key issue in proving actus reus?
A) Proving that the father had a legal duty to act
B) Showing that the child’s death was intentional
C) Establishing that the father physically harmed the child
D) Determining if the father had a valid defence
A) Proving that the father had a legal duty to act
Explanation:
Parents have a legal duty to care for their children. Failure to act in this case constitutes an omission leading to liability.
