Actus Reus(criminal law)

Question 1

What is a consequnce crime

Answer 1

this is where the defendant is doing something(or failing to do something) results in prohibited consequence. EG assault occasioning actual bodily harm. For the consequence crime to be deemed a crime however, the behaviour before and the consequence must have an actus reus.

Question 2

What is a conduct crime

Answer 2

A conduct crime is where the actus reus is the prohibited conduct itself. There does not have to be a consequence. E.g drink driving

Question 3

explain ‘state of affairs’ crimes

Answer 3

An example of state of affairs crime is where the actus reus is simply the act in itself. E.g carring an offensive weapon in a public place or being in possession of a controlled substance

Question 4

what case study relates to state of affairs crimes r v llalalalal…. frenchy ;’)

Answer 4

R v Larsonneur(1933) The defendant, a Frenchwoman, was ordered to leave the UK. She decided to go by boat to the irish republic. On landing, she was immediately deported and sent back to the UK. She was not acting voluntarily. When she arrived she was immediately convicted because (1) she was an alien whi had been refused leave to land and (2) she was found in the UK.

Question 5

describe voluntary nature of actus reus (control/actions)
add a case that contradicts this (Rv ….. michy pritchy….line)

Answer 5

Act or ommision must be voluntary on the part of the defendant.
if the defendant has no control over his actions he has not committed the actus reus
However if there was some actus reus involved D might be found guilty for example
R v Mitchell
D tried to push his way into a que at the post office. A 72 year old man told him off for this. D then punched this man causing him to stagger backwards into an 89 year old woman. The woman was knocked over and inured and a few days later died of injuries. The man who had been punched and fallen against the woman was not liable for any criminal acts.

Question 6

what is statutory duties
give examples(hint:casual but serious ting)

Answer 6

When an act of parliament creates liability when there is an omission an offence can be committed for failing to do something
examples:
Failing to stop or report, a traffic accident.
Failing to submit a breath test
-Failute to provide food, clothing and care to a child under your legal control
Failure to protect a person in the same household that results in the death of the child or vunreable adult