Lecture 2 - Actus Reus Flashcards
What is the definition of the actus reus
Actus Reus is the guilty or culpable act
What are the 3 types of actus reus
Behavioural (conduct): such as theft, careless driving etc
Consequence(results): such as homicide causing the death of a human
Circumstances : such as careless driving whilst on a public highway
What is the latin phrase which states an act does not render a man guilty unless his mind be also guilty
“Actus non facit reum nisi mens sit rea”
What is the one transaction principle ?
this is where the courts occasionally categorise the actions of the accused as a series of acts making up one transaction. this can be enough to prove the defendant had the sufficient mens rea at some point during the time
What was the significance of the R v Le Brun case ?
Where the assault and eventual acts causing death are part of the same sequence of events the act which causes death and the necessary mental state to constitute mansalughter need not coincide in point of time for the offence to be established
What is the significance for the need of a voluntary act and what are the defences even if there has been a voluntary act
1) Usually there is no liability in the absence of a positive duty to act
2) Defences of automatism (insane and non insane)
What is the significance of the R v M’naghten case ?
This case created the M’naghten rules which was the first legal test for criminal insanity (insane automatism) . The rules state that everyone is assumed to be sane unless they can prove during the time of the act that a) there state of mind caused them to not know what they were doing when they committed said act or b) that they knew what they were doing but didn’t know it was wrong
What is the significance of the hill v baxter case ?
The case concerns non insane automatism. It was held that non insane automatism could not be used as a defence due to the high likelihood that the defendant was more than likely conscience whilst driving
What is the significance of Fagan v Metropolitan police commissioner ?
This case establishes the continuing act principle which states that as long as the mens rea takes place at some point during the actus reus continuing to take place this will be enough.
What are ‘states of affairs’ offences ?
These are offences which require a set of circumstances to be proved rather than a voluntary act
When can omissions generally be used by the prosecution
omissions are restricted to situations when a duty arises such as a statutory duty for example
