Criminal Law: Actus Reus Flashcards
Why does what is considered criminal change overtime?
Because of changing views in society or changes in technology.
What is an example where the change in views in society has affected what is considered a criminal act?
In 1885, the Criminal Law Amendment Act made consent in homosexual acts criminal. However, the Sexual Offences Act 1967 decriminalised such behaviour between those aged 21 and over and in 2000 it was reduced to 16.
What is Actus reus?
A guilty act that is voluntary.
What are conduct crimes?
A crime where it is not necessary for any consequences to be proved.
What are consequences crimes?
Where the prohibited conduct of a crime must result in a consequence.
What are state of Affair crimes?
Where the actus reus is against the state, for example carrying an offensive weapon in public.
What is an omission?
Failure to act when the individual has a duty to act.
What is an example case where the involuntary act does not form the actus reus of a crime?
Hill V Baxter (1958) The driver was found not guilty of dangerous driving because he was overcome with a sudden illness.
What are two example cases where a person’s employment requires them to act?
(Contractual) Pittwood (1902) the court held that as the defendant had been under contractual duty to close the gate, his omission to perform this obligation could constitute the actus reus for murder.
(Official position) Dytham (1979) the defendant, who was a uniformed officer, was found guilty of misconduct as he neglected to act to protect the victim, who was being kicked to death.
What is an act of Parliament that requires a person to act?
Under the children and Young Persons Act 1933, a seat belt is required whilst driving a car.
What are two example cases where voluntary actus reus did not need to be proven?
R V Larsonneur 1933: The defendant was found guilty under the Aliens Order 1920 despite being involuntarily deported back to England by Irish authorities.
Winzar V Chief Constable of Kent 1983: the defendant was charged under section 2 of the Licensing Act 1872 for being drunk on the highway even though the police removed him from the hospital onto the highway.
What are the six ways in which a duty to act can exist for an omission to be sufficient for the actus reus?
Statutory duty
Contractual duty
Duty because of a relationship
Duty that has been taken on voluntarily
Duty through one’s position
Duty, which arises because the defendant has set in motion a chain of events.
What is a statutory duty?
When an act of Parliament creates liability for an omission.
For example, section one of the Children and Young Persons Act 1933 parents who are legally responsible for a child must provide food, medical aid and lodging for their children.
What is a contractual duty?
When parties sign a contract in agreement to be responsible for something.
For example, in Pittwood 1902, the court held that as the defendant had been under contractual duty to close the gate, his omission to perform this obligation could constitute the actus reus for murder.
What is a duty because of a relationship?
The dependence of one individual on another.
For example, in R V Gibbons and Proctor 1918, the defendants were found guilty of murder as the omission to feed the child was deliberate.
