Actus Reus Flashcards
What is Actus Reus?
The physical element of the crime.
It can be: an act, a failure to act or a state of affairs
What is the voluntary nature of Actus Reus
The act or omission must be voluntary on the part of the defendant. If the defendant has no control over his actions then he has not committed the Actus Reus. Hill v Baxter 1958 driver lost control of his vehicle because he was stung by a swarm of bees.
What is the involuntary nature of the Actus Reus
Where one person pushed another causing them to bump into the victim. The person who has been pushed is involuntary, they will not be guilty of any assault. The person who did the pushing will be guilty of assaulting the person they pushed and also of assaulting the person who was bumped into.
What are state of affairs cases
Rare instances in which the defendant has been convicted even though he or she did not act voluntarily.
Larsonneur 1933 the defendant had been ordered to leave the uk, she decided to go to Eire, but the Irish polish department deported her back to the uk. She landed and was immediately arrested with being an alien to whom leave to land in the uk had been refused, was found in the uk.
What are the omissions of the Actus Reus
An omission cannot make a person guilty of an offence.
Exceptions to the rule:
1. Contractual duty - pitwood 1902
2. A duty because of a relationship(usually parent or child) Gibbons and proctor 1918
3. A duty which has been taken on voluntarily - stone and Dobinson 1977
4. A duty through ones official position - Dytham 1979
5. A duty which arises out of a chain of events - Miller 1983
What are the doctors duties of Actus Reus
If discontinuance of medical treatment is in the best interest of the patience then this is not an omission which can form the Actus Reus. Airedale NHS trust v Bland 1993- given permission to stop artificial feeding of a man who had been in a persistent vegetative state for over three years
