Actus Reus

Question 0

The actus reus is any act of the defendant that… (3 parts)

Answer 0

1. It is unlawful
2. Has the consequence of causing an injury
3. The law classifies it as a wound of grievous bodily harm

Question 1

What is the actual reus of a crime?

Answer 1

The guilty act - it is also always present in a crime.

Question 2

What is an omission where a persons contractual duty requires them to act

Answer 2

Pitwood (1902) - gatekeeper at railway crossing who left the gate open while going for lunch, thus not acting on his contractual duty to close the gate

Question 3

What is an omission for when a persons public position requires him to act

Answer 3

Dytham (1979) - a uniformed police officer saw a man being kicked to death and failed to stop the attack.

Question 4

What is an omission where a person fails to minimise the harmful consequences

Answer 4

Miller (1983) - squatter who failed to put out the mattress he caused to be on fire

Question 5

What is an omission for when a person voluntarily takes on a duty

Answer 5

Stone v Dobinson (1977) - a person who takes on responsibility for another person must actually look after them, such as call medical services when she needs help

Question 6

Does the actus reus need to be voluntary or not?

Answer 6

Voluntary for the defendant to be guilty

Question 7

What case can be used to prove that actus reus must be voluntary

Answer 7

Hill v Baxter - such actions such as having a heart attack or being stung by a swarm of bees is not voluntary so the defendant can’t be guilty

Question 8

What is omissions

Answer 8

A failure to act when having a duty to do so