Actus Reus

Question 1

What is Actus Reus?

Answer 1

The doing part e.g stabbing, kicking

Question 2

What does act have to be?

Answer 2

Voluntary

Question 3

Case on Voluntary Act

Answer 3

Hill V Baxter

Overcomes a unknown illness as crashes

Question 4

4 types of crimes based on action reus

Answer 4

Action crimes
Result crimes
State of Affairs
Omissions

Question 5

Action crimes definition

Answer 5

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

Question 6

Result crimes definition

Answer 6

Here the defendant’s behaviour produces a result. For example a murderer must cause the victim’s death.

Question 7

State of affairs definition

Answer 7

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

Question 8

State of affairs cases

Answer 8

Larsonneur - French subject who was alien when brought back to country.
Winzar V chief constable of Kent (1983) - drunk man in hospital

Question 9

Omissions definition

Answer 9

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.

Question 10

Men’s rea definition

Answer 10

The defendants mental state at the time of committing the act. Looked at intention, recklessness and negligence

Question 11

Examples of cases for coincidence between MR and AR

Answer 11

Fagan - drove over police officers foot then didn’t move when asked.

Question 12

Doctrine of Transferred Malice

Answer 12

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.

Question 13

Cases for Transferred Malice

Answer 13

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.