Actus Reus Flashcards
Actus Reus
The physical element of the crime
Act definition and cases
In order for a defendant to be criminally liable, his conduct must be voluntary
Definition case - Bratty
Voluntary - Hill v Baxter
Involuntary - Leicester v Pearson
Omissions where it does and doesn’t apply
Not acting/ failing to act
Only liable if they have a duty to act
Contractual duty and case
R v Pittwood
Duty to act arising from a relationship, key points and case
Being depends on someone
Parent + child
R v Gibbins + Proctor
Duty from voluntary assumption and responsibility, key points and cases
Has to be voluntarily
R v Stone + Dobinson
Duty arising from public office, key points and case
Police, army, navy
R v Dytham
Duty to act arising from creating a dangerous situation and cases
R v Miller
DPP v Santana Bermudez
State of affairs definition and cases
This is where D is guilty of a crime just on a basis that a certain situation exists
R v Larsonneur
Winzar
Mnemonic for all the duties
Crazy - contractual Rhinos - relationship Vs - voluntary Pink - public office Crocodiles - creating a dangerous situation