Actus Reus ( Criminal Conduct)

Question 1

Introduction

Answer 1

For a person to be found guilty of a criminal offence

• acted in a certain way
• failed to act in a certain way ( omissions)
• brought about in a state of affairs

When proving the actus reus -

• the defendants conduct was voluntary
• the defendant had the requisite mens rea.

Question 2

Voluntary Act

Answer 2

Something that is done by the defendant. Involuntary means something that happens to the defendant

• Someone being pushed into window and breaking it - involuntary
• Unexpected onset of a physical impairment - involuntary
• someone who is prone to blackouts and still drives knowing it might happen could be seen as voluntary

Question 3

Coincidence of Mens Rea

Answer 3

Must have the mens rea at the time of carrying out the offence, Does not need to remain unchanged throughout the commission of the offence

• if x poisons someone then changes his mind and tried to stop the effects offence is still committed.
• officer pulls someone over and they drive over his foot. If he leaves it there knowing it is on his foot the offence is committed.

Question 4

Omissions

Answer 4

Ordinarily there is no liability for failure or omissions for someone failing to act unless it is their duty by law.
* A sees B drowning and could save him by holding out his hand. B drowns. A has not committed an offence. He didn’t do a positive act to cause his death.
DUTY to act has been created
D - dangerous situation. Someone sets something alight whilst asleep. Wakes up and moves but does nothing about the fire - criminal offence
U - under statute - crossing keeper omits to shut the crossing gates. Police officer watches someone getting beaten up and does not call for help.
T - taking it upon himself - someone wHo voluntarily takes on the care of someone and then does not look after them
Y - you for person - parent to look after their children.
Must be a voluntary act - parent who doesn’t save their child from drowning because they cannot swim in not a voluntary act

Question 5

Causal link of causation

Answer 5

The consequences would not have happened but for the defendants act or omission.

• make is assaulted which left him brain damaged. Therefore could not have an operation on an ulcer which burst and killed him - causal link
• someone throws a brick through the window which causes elderly occupant to have a heart attack hours later - manslaughter

Question 6

Intervening Act

Answer 6

The causal link can be broken by an intervening act a long as the new act is free, deliberate and informed.

• drug dealer has to take more of a part then just selling the drugs to be an intervening act
• medical treatment is not an intervening act unless they die from medical required because of the assault

Take the victims as you find them.

Question 7

Principals and accessories

Answer 7

Accessory is someone who helps or brings out the commission of the offence

• aiding - giving helping or supporting
• abetting -inciting , instigating or encouraging
  *Counselling - advising or instructing
• Procuring - bringing about
  Mens rea needed to convict an accessory is proof of intention to aid as well as knowledge of the circumstances

Question 8

Joint enterprise

Answer 8

Two or more people embark of the commission of the offence by one or both. All parties have a common goal.
If offender a makes a mistake by breaking into the wrong house b is still the accomplice.
If a had a knife and b knew still accomplice. If b didn’t know then he isnt