Actus reus Flashcards
What two elements do most crimes have?
Actus reus
Mens rea
What is an actus reus?
The guilty act (punching someone)
What is a mens rea?
Guilty mind (whether it was an accident or they knew the effects of their actions)
What is strict liability?
only an actus reus is provided so the intent to commit the act isn’t necessary (E.g. speeding)
The actus reus must be committed ……
The act must have been committed voluntarily - a result of the free will of the defendant
Leicester v Pearson (1952)
Case facts: a car was pushed into a pedestrian as a result of case shunting them from behind, therefore he wasn’t liable
Point of law:
Hill v Baxter (1958)
Case facts: doubter in this case was that a driver wouldn’t be liable at the time of driving if he was attached by a swarm of bees and lost control of his car
Is being drunk as excuse for committing a crime and why?
No because they chose to get themselves in that state
What is a state of affair case?
Wen the defendant is put into a position when they commit a crime without wishing to do so
In certain cases, the actus reus may simply be a state of affairs rather than an act
Win or v Chief constance of Kent (1983)
Case facts: the defendant was admitted to hospital, and once examined it was found that he was drunk and he was told to leave, but was later found in the corridor leading to the police being called. Police then took him to a roadway and he was then charged with “found drunk in a public highway”
