Actus Reus

Question 1

Definition

Answer 1

Actus reus is Latin for the guilty act, it includes all the physical elements of an offence for example, throwing a punch.

Question 2

Must be voluntary

Answer 2

The act must be done voluntary meaning the D is control of his actions for example in Hill V Baxter where Lord Denning stated an act would not be voluntary if a driver was attacked by a swarm of bees as he had no control. In Bratty, an involuntary act was described as an act done by the muscles without control of the mind

Question 3

State of affairs

Answer 3

However, an exception is a state of affairs crime where the D is liable as they are in a prohibited situation for example R v Winzar

Question 4

Omissions

Answer 4

Sometimes, D can be guilty because he didn’t act when there was a legal duty to do so. An example is the duty to stop at the scene of an accident under the Road Traffic Act 1988