Actus Reus

Question 1

In which three ways can the actus reus be fulfilled?

Answer 1

An act
An omission
A state of affairs

Question 2

What must the act or omission be?

Answer 2

Voluntary

Question 3

Give the facts of Leicester v Pearson

Answer 3

D was pushed by another car onto a zebra crossing

Question 4

Give the significance of Leicester v Pearson

Answer 4

D’s acts were not voluntary

Question 5

What is a state of affairs case?

Answer 5

One where the actus reus of the crime is not voluntary but d is still liable

Question 6

Give the facts of Larsonneur

Answer 6

D was ordered to leave the UK and went to Ireland but was brought back by Irish police involuntarily

Question 7

Give the ratio of Larsonneur

Answer 7

D was convicted despite the actus reus being involuntary

Question 8

Give the facts of Winzar

Answer 8

D was taken from a hospital corridor into the street by police who then arrested him for being drunk in public

Question 9

Give the ratio of Winzar

Answer 9

D was liable despite the actus reus being involuntary

Question 10

What is the general rule on omissions?

Answer 10

They cannot fulfil the actus reus

Question 11

What is the exception to the general rule on omissions?

Answer 11

Where D has a duty to act

Question 12

Name the six ways in which a duty can exist

Answer 12

Statutory duty
Duty through relationship
Contractual duty
Voluntary duty
Duty through official position
Chain of events

Question 13

Give the facts of Gibbins and Proctor

Answer 13

D starved his daughter deliberately

Question 14

Give the ratio of Gibbins and Protor

Answer 14

D had a duty through relationship as her father to feed her, his failure to do so was an omission sufficient for the actus reus

Question 15

Give the facts of Harris and Harris

Answer 15

Parents who were Jehovah’s witness failed to give their child insulin

Question 16

Give the ratio of Harris and Harris

Answer 16

The parents owed their child a duty through relationship to give them insulin and the omission to do so was an omission sufficient for the actus reus

Question 17

Give the facts of Pittwood

Answer 17

D omitted to doing his job of closing the crossing for a train and someone died as a result

Question 18

Give the ratio of Pittwood

Answer 18

D’s omission to fulfill his contractual duty was an omission sufficient for the actus reus

Question 19

Give the facts of Adomako

Answer 19

D was an anaesthetist who failed to correctly fit a breathing tube for V who died as a result

Question 20

Give the ratio of Adomako

Answer 20

D owed a contractual duty to the patient and his omission to fulfill the duty was sufficient for the actus reus

Question 21

Give the facts of Dytham

Answer 21

D was an on duty police officer who didn’t intervene in a fight, someone died as a result

Question 22

Give the ratio of Dytham

Answer 22

D owed a duty through his official position to act, his failure to do so was an omission which fulfilled the actus reus

Question 23

Give the facts of Naughton

Answer 23

D was an off duty police officer who failed to intervene in a fight

Question 24

Give the ratio of Naughton

Answer 24

D’s failure to intervene was an omission which fulfilled the actus reus

Question 25

Give the facts of stone and dobinson

Answer 25

D’s sister came to stay and stopped eating and died

Question 26

Give the ratio of Stone and Dobinson

Answer 26

D’s breached their voluntary duty by failing to get her medical attention and this was sufficient for the actus reus

Question 27

Give the facts of Instan

Answer 27

D starved her aunt in order to get her inheritance

Question 28

Give the ratio of Instan

Answer 28

D owed V a voluntary duty and her failure to feed her was sufficient for the actus reus

Question 29

Give the facts of Miller

Answer 29

D set his mattress on fire and failed to put the fire out

Question 30

Give the ratio of Miller

Answer 30

D owed a duty of care due to the dangerous situation he had created

Question 31

Give the facts of Santana Bermudez

Answer 31

A policewoman asked D if he had anything sharp in his pockets he lied and the woman was stabbed by the needle

Question 32

Give the ratio of Santana Bermudez

Answer 32

D owed a duty of care due to the dangerous chain of events he had created

Question 33

What does the decision in Wacker seem to suggest?

Answer 33

That criminals now owe each other a duty of care

Question 34

Give the facts of Wacker

Answer 34

D accidentally suffocated 58 people in his lorry

Question 35

Give the ratio of Wacker

Answer 35

D owed the people a duty through joint enterprise and his omission was sufficient for the actus reus

Question 36

Give the facts of Willoughby

Answer 36

Set fire to his pub with his friend who got stuck inside and died

Question 37

Give the ratio of Willoughby

Answer 37

D’s owed a duty through joint enterprise and his omission was sufficient for the actus reus

Question 38

Give the facts of Evans

Answer 38

D gave her sister some heroin, she took it and overdosed and no one got medical attention for her she died

Question 39

Give the ratio of Evans

Answer 39

Her sister owed a voluntary duty which had been breached

Question 40

What does s170 Road Traffic Act set out?

Answer 40

A statutory duty to stop at the scene of an accident

Question 41

What does s19 Terrorism Act set out?

Answer 41

You have a statutory duty to inform the police if you suspect someone is a terrorist