Actus Reus Flashcards
What is AR
the physical element- where conduct, in what circumstances and what outcome must be proved.
What is a result crime
murder require proof that D’s conduct caused the outcome
What is a conduct crime
dangerous driving are concerned with the nature of D’s conduct rather than the outcome
What is a state of affairs crime?
being the owner of a dog that is dangerously out of control in public require only proof of the state of affairs.
What is the idea of correspondence
The idea that MR should extend to the whole AR.
What type of crimes in the correspondence principle breached?
In crimes of SL there is no correspondence because there is no MR requirement as to an important element of the AR, even if there are other elements for which the MR is required (e.g. the act of penetration).
In what offence have we studied can it be said that the crime is a constructive one
where there is a requirement of MR to some degree, but falling short of the full AR- D may be guilty of murder if he kills intending really serious injury, and of constructive manslaughter if he intends a mere battery- these crimes also contravene the correspondence principle
What is the general principle of voluntariness?
- D should not be judged to have acted or brought about a state of affairs, if it was not a matter within his conscious control.
Cases for voluntariness
D will not be liable if X garbs D’s hand and punches V: Mitchell (post office queue)
Hill v Baxter, Pearson J put forward the hypothetical situation that D will not be liable if he is attacked by a sworm of bees and loses control of his car. Even state of affairs crimes should not apply if D has no control: Robinson-Pierre, a dangerous dog escaped while officers were executing a search warrant.
