Actus Reus Flashcards
Conduct crimes
Actus reus is the prohibited conduct itself
Eg drink driving is the offence no conduct needed
Actus reus in consequence crimes
As well as d doing something there is a prohibited consequence
Eg assault occaisioning actual bodily harm
State of affairs crimes
Having an offencive weapon in public
Case for state of affairs
Larsonneur Ordered to leave uk Got sent straight back away from Ireland Arrsested Doesn’t matter it was involuntary
Involuntary act case
Mitchell Old man told a man off for pushing in the queue of post office Man punched old man Fell over into old woman Woman later died Man who fell was not liable
Omissions
No Good Samaritan law
Except for duty of care
Duty of care case
Dytham Police officer saw man in a fight being kicked to death Did not help Told bystander he was going off duty Guilty of neglect
Case for duty of care
Santa Bermudez
Duty of care for chain of events case
Miller Squatted smoking in house Fell asleep Did not tempt to put fire out when he woke up Left and was convicted of arson
Factual cause
Have to prove the consequence wouldn’t have happened ‘but for’ d’s actions
Case for but for test
Pagett D took pregnant girlfriend and held her hostage Armed police came D fired at police Returned fire and girl was shot Pagett guilty
Think skull rule
Take victim as you find him
Case for thin skull rule
Blaue Woman stabbed Need blood transfusion Refused as she’s jehovas witness D charged with murder
Chain of causation
Must be direct link from d conduct and consequence
3 things chain of causation can be broken by
Act of third party
Victims own act
Natural but unpredictable event
