Criminal law ( Actus Rea) (P2)

Question 1

what is actus rea?

Answer 1

• Actus rea means guilty act , the physical element.

Question 2

what is voluntary acts?

Answer 2

• Voluntary act is a bodily movements guided by conscious thought. It is consciously chosen action.
• The law expects every person to take responsibility for her own actions and anticipate the natural consequences.

Question 3

what is involuntary acts?

Answer 3

-if D has lost physical control over his actions through no fault of his own, then the acts are not voluntary and no offence has been committed.
types of involuntary actions:
1- third party act
2- Hill v Baxter
3-state of affairs crimes

Question 4

R V MITCHELL

Answer 4

-

Question 5

HILL V BAXTER

Question 6

R V LARSONNEUR

Answer 6

d deported to Ireland from England without her permission and the act was involuntary

Question 7

What are omissions?

Answer 7

An omission refers to a failure to act

Question 8

what are the exceptions to the rule on omissions?

Answer 8

there are exceptions to the rule that an omission cannot make a person guilty of an offence If a person has a duty to act because of one of these criteria and they fail to act then they can be liable for the consequences of their failure to act.

Question 9

what are the six ways in which such a duty to act can arise? ( 3 COPS )

Answer 9

1-contract
2-carer
3-conduct
4-official
5-parental
6-statutory

Question 10

contract

Answer 10

• individuals may be contracted to act in a particular way and if they fail to act when under this contractual duty, may be liable for the offence.
  CASE: R V PITWOOD :
• D employed by the railway company
• Lifted gate to allow a court to pass across but failed to put it down.
• A horse cart crossed track , hit by train both horse and cart driver killed.

Question 11

Carer

Answer 11

• If a person chooses to take care of another person who is infirm on incapable of taking care of themselves.
  CASE: R V STONE & DOBINSON:
• 67, blind, partially deaf, low intelligence.
• Stone & Dobinson found liable for her death

Question 12

Conduct

Answer 12

A person’s conduct may have created a dangerous situation
CASE: R V MILLER:
- D was drunk and caused a fire, didn’t extinguish the cigarettes.

Question 13

official

Answer 13

• a person may have a duty to act as a result of being a public official.
• CASE: R V DYTHAM:
• D was a police officer he stood by while a bouncer kicked a man to death
• charged with offence of misconduct.

Question 14

parental special

Answer 14

• there is a special relationship such as a parent, child or spousal relationship.
• CASE: R V GIBBINS & PROCTOR
• D convicted of the murder of Gibbins daughter

Question 15

statutory

Answer 15

• there is a duty imposed by an act of parliament or other legislation.
  CASE: S.170 ROAD TRAFFIC ACT 1970

Question 16

what is causation?

Answer 16

where the defendant is xharged with a result crime , the prosecution must prove that the defendants conduct caused the result. There must be a link between the wrongful act of the defendant and criminal harm which occurred.
the prosecution