Actus Reus

Question 1

Elements of actus reus

Answer 1

Conduct
Circumstances
Results

Question 2

Conduct

Answer 2

Physical acts or omissions

Question 3

Circumstances

Answer 3

Facts surrounding D’s conduct

Question 4

Results

Answer 4

Consequences of D’s act

Question 5

Omissions liability

Answer 5

Offence must be culpable of commission by omission
Duty to act
Breach of that duty

Question 6

Duties to act

Answer 6

Offence specific- Dytham
Contractual- pittwood
Familial- hood
Based on assumption of care-

Explicit- Nicholls
Implicit- instan, stone and Dobinson

Question 7

Breach of that Duty

Answer 7

What does the particular duty to act require D to do?

Question 8

Result

Answer 8

Not all offences require a result element such as perjury, assisting and encouraging

Question 9

State of affairs offences

Answer 9

Do not require positive action
Terrorism act 2000
Being a member of a terrorist organisation
Being found in that situation- Larsonneur
Winzar

Question 10

Property offences

Answer 10

Miller

Question 11

Non fatal offences against the person

Answer 11

Santana Bermudez

Question 12

Homicide

Answer 12

Gibbins and proctor

Question 13

When an offence includes a result element

Answer 13

Causation in fact

Causation in law

Question 14

Causation in fact

Answer 14

Logical factual connection

‘But for test’

Question 15

Causation in law

Answer 15

Substantial
Blameworthy
Operating cause