Actus Reus: conduct and consequence crimes Flashcards
What is Actus Reus?
Actus Reus is the “guilty act” – the physical element of a crime, which can be an act, an omission, or a state of affairs.
What are Conduct Crimes?
Crimes where the conduct itself is prohibited, regardless of the outcome.
Example: Perjury (lying under oath), where the act of lying itself is criminal.
What are Consequence (Result) Crimes?
Crimes where the result of the conduct is necessary for the crime to be complete.
Example: Murder, where the consequence (death) must occur as a result of the act.
Give an example of a Consequence Crime.
Assault occasioning actual bodily harm (ABH) (Offences Against the Person Act 1861) – requires proof of harm caused.
What is the key difference between Conduct and Consequence Crimes?
Conduct crimes do not require a specific outcome, while consequence crimes require a particular result to occur.
How does Causation relate to Consequence Crimes?
The prosecution must prove that the defendant’s act was the factual and legal cause of the result.
Case Example: R v White (1910) – “but for” test.
What is the “But For” Test?
A test to establish factual causation: Would the consequence have occurred but for the defendant’s actions?
What is the significance of legal causation in result crimes?
Legal causation requires that the defendant’s conduct was the “operating and substantial cause” of the consequence.
Case Example: R v Kimsey (1996).
