Actus Reus Flashcards
What must the prosecution prove to satisfy actus reus?
That the defendant voluntarily brought about the actus reus of a crime
When can you not be responsible for your actions?
If you are in an unconscious state.
Automatism for example
The law protects people who are made to perform acts. The law protects people who what?
- find their conduct not voluntary.
- providing them with a defence
Which case demonstrates that you cannot break up a series of acts just to find one event involuntary?
R V Jarmain 1946
What was R V Jarmain 1946 about?
This was about D who held a gun to a cashiers head, she said go away and he was so shocked he pulled the trigger. He argued that this was involuntary but the voluntary act of putting the gun near her head led to her being killed and was voluntary
What are state of affairs crimes?
In rare cases, the unfortunate defendant may be found guilty of a crime simple by being in a particular place
What was R V Larsonneur about?
D went to Ireland when permission to be in the uk had expired. She was deported form and Ireland and brought back to England against her will
Which case was D found drunk in the highway even though he had involuntarily got there?
Winzar V Chief con stable of Kent 1983
What was winzar v chief do stable of Kent 1983 about?
They took D to hospital because they thought he was ill but it turns out he was drunk. He refused to leave and so took him to the police vehicle arresting him , the vehicle was on the road so he was therefore charged with being drunk on the highway
Although every crime usually requires a positive act, how many and what kind of situations are there where an omission will do ?
There are 6 duty of care situations
What must the conduct be to satisfy the actus reus of an offence?
Voluntary conduct
