Actus Reus Flashcards
What is actus reus?
To commit an offence you must show a person…
- acted in a certain way
- failed to act
- brought about the circumstances
They must have…
- acted voluntarily
- acted whilst they still had the necessary “mens rea”
Does the mens rea need to remain constant throughout the actus reus?
No; as long as it is present at the time of the act, you can change your mind immediately after and you could still commit an offence. Even if you do everything you can to change the course of the offence (such as poisoning someone and then trying to save them)
Where the actus reus is an ongoing act (such as appropriation) If you do not start off with the necessary mental state/intent (mens rea) to commit an offence but subsequently form it in the middle of the act, can you still commit the offence?
Yes; the mens rea can “catch up” the actus reus and when the two meet for the first time, the offence is complete
Can an offence be committed by a failure to act or omission?
Ordinarily no. However, it could happen should there exist an obligation created by a DUTY to act on someone’s behalf. This DUTY is created by….
- a DANGEROUS SITUATION CREATED BY THE PERSON
- under STATUTE, CONTRACT or persons PUBLIC OFFICE (employment commitments or legal requirement)
- TAKEN UPON THEM BY THEMSELVES (ie. a voluntary carer)
- YOUNG PERSON (a parental responsibility to a child)
…though you still need to show the failure to act was voluntary
What is the causal link?
This is the notion that someone can be guilty of an offence without being the direct cause of the offence; by putting events in motion that lead to the offence that would not otherwise have been possible without their action. This can be immediate or over some time on the basis that there is no intervening act.
What is an intervening act?
An intervening act is where some other act happens that is
- free
- deliberate
- informed
…and it is that new act which causes the completion of the offence, not the initial act.
If something happens as a direct result of the initial act, it will not be considered to intervene and the person who did the first act will still be responsible for the offence (think of the person receiving treatment in hospital where they die from complications as a RESULT of the act rather than something that happens whilst in hospital, completely independent of the act that put them there)
It has also been held that if the act of someone, under the circumstance, is considered objectively reasonable for anyone in that situation, then it will not be an intervening act (think the person being injured jumping from a captors car and being hurt)
What is an accessory to an offence?
A person who has helped bring about the circumstances of the offence.
Any person who…
- aids
- abets
- procures
- councils
…the commission of an offence can be treated at court as committing the offence for an INDICTABLE or SUMMERY offence
What does it mean to “aid, abet, council or procure”?
- Aid: assist, give help or support
- Abet: incite, instigate or encourage
(This normally needs someone else at the scene) - Council: advise or instruct
- Procure: being about
(This normally takes place before the offence)
These would not include a passer by who stops and watches. They are under no legal obligation to intervene so no liability
When can an accessory remove their liability for an offence?
They need to do something which completely counteracts the effect of their involvement. Repenting or running away at the last minuet out of fear will not be enough.
Some people are protected from being accessory’s to certain offences by the virtue of the legislation being written to protect them. (This of the example of a 15 year old girl who can’t be an accessory to causing to someone to have sex with a child by virtue of her age and this law being there to protect her)
What is the mens rea for an accessory?
The prior knowledge of the circumstances and the intent to commit the act.
What is joint enterprise?
Where 2 or more people engage on the commission of an offence and all parties have that common goal. They will all be liable for the consequences of the actions of each member of the enterprise, even if that is down to a mistake by one of them.
What is parasitic accessory liability?
Where someone is an accessory to an offence and one of the others goes beyond the agreed limit of their endeavour; burglars breaking in and one has a weapon - does the other know about it or does he encourage the other to use the weapon? It could be that the accessory is absolved by lack of INTENT from the offence or could be brought into it by means of their actions or displayed intent
Can companies be liable for offences?
Yes; but they are mainly of strict liability, offences requiring mens rea and as accessories. There are offences such as sexual offences that they cannot be convicted of but there is potential to be accessories to them.
