General Elements Of Liability: Actus Reus And Mens Rea

Question 1

What does the actus reus refer to

Answer 1

‘The guilty act’

Question 2

What are the two general principles of actus reus

Answer 2

• defendant must commit the act voluntarily
• defendant must commit the offence via a positive action

Question 3

What is the case law for the voluntary principle?(D commits the act voluntarily)

Answer 3

Hill v Baxter

Question 4

What is an omission

Answer 4

• a defendant can commit an offence via omission, meaning that they fail to act