Actus reus Flashcards
What must a person have to be liable for a crime?
Actus reus and mens rea.
What is the actus reus?
Guilty act.
What is a conduct crime with example?
When the act itself is prohibited, regardless of the result.
E.g. driving without a licence.
What is a result crime with example?
When a result must occur for the crime to be considered complete.
E.g. murder.
What are the 3 types of actus reus?
Positive acts, omissions and state of affairs.
What must the positive act be in the actus reus?
Voluntary.
What case is used for actus reus involving involuntary acts?
Hill v Baxter.
Describe the Hill v Baxter case.
Defendant said he was unconscious due to illness while driving dangerously.
Appeal court found insufficient evidence for automatism and allowed the appeal.
What is an omission and when it is part of the actus reus?
A failure to act when there is a duty to act.
What cases can be used for actus reus involving omission?
R v Miller and R v Stone and Dobinson.
Describe the R v Miller case.
D caused a fire with lit cigarette and didn’t try to stop it.
Convicted of arson for failing to act when he saw the danger.
Describe the R v Stone and Dobinson case.
Defendants convicted of manslaughter after Stone’s sisters death as they had assumed a duty to care for her.
What is meant by state of affairs?
When a person is guilty just by being in a certain situation, even if they haven’t done anything.
What is the coincidence rule?
The actus reus and mens rea must occur at the same time for there to be criminal liability.
What cases are used for the coincidence rule?
Fagan v MPC and Thabo Meli.
Describe the Fagan v MPC case
Fagan drove onto an officer’s foot and refused to move the car.
His refusal presented the mens rea and he was convicted for assault.
Describe the Thabo Meli case.
Defendants attacked a man, showing actus reus through a chain of events.
The chain proved there was some mens rea.
