Actus Reus Flashcards
What is Actus Reus?
The doing part e.g stabbing, kicking
What does act have to be?
Voluntary
Case on Voluntary Act
Hill V Baxter
Overcomes a unknown illness as crashes
4 types of crimes based on action reus
Action crimes
Result crimes
State of Affairs
Omissions
Action crimes definition
Here the actus reus is just an act. The consequences of that act are immaterial. For example perjury. It’s immaterial whether or not the statement defers the outcome
Result crimes definition
Here the defendant’s behaviour produces a result. For example a murderer must cause the victim’s death.
State of affairs definition
Someone can be convicted just because they belong to an organisation or they are in a place where they are not supposed to be.
If it is an offence that falls under state of affairs then the actus reus of the defendant can be involuntary
State of affairs cases
Larsonneur - French subject who was alien when brought back to country.
Winzar V chief constable of Kent (1983) - drunk man in hospital
Omissions definition
Usually there is only criminal liability where someone does a positive act but sometimes an omission or failing to act can amount to the actus reus of a crime. The general rule is that there is no liability for failing to act unless a person is under a legal duty to take positive action.
Men’s rea definition
The defendants mental state at the time of committing the act. Looked at intention, recklessness and negligence
Examples of cases for coincidence between MR and AR
Fagan - drove over police officers foot then didn’t move when asked.
Doctrine of Transferred Malice
Where the malice is transferred for example A shoots at B but then hits C. The intention will be transferred from B to C and still guilty or murder.
Cases for Transferred Malice
Latimer - argument in pub, took belt off and swang for victim but hit bystander. Still convicted of malicious wounding.
Mitchell - tried to push in post office queue. Punched a 72 year old man who staggered back into a women killing her. Found guilty of manslaughter applying the use of transferred malice.
