U1B: Actus Reus Flashcards

1
Q

What is a Crime?

A

-An offence which can result in Criminal Prosecution

EG: Murder, GBH

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2
Q

Who do Criminal Cases involve?

A

-A defendant + the prosecution, who are represented by the Crown Prosection Service

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3
Q

What are the two types of Crimes?

A

-Conduct Crimes + Consequence Crimes

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4
Q

What’s the difference between Conduct and Consequence Crimes?

A
  • Conduct= Act itself is illegal

-Consequence= Act causes a prohibited consequence

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5
Q

What are the two elements needed to be established in a Crime?

A

-Actus Reus
-Mens Rea

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6
Q

What is the Burden Of Proof?

A

-Proving that the D commited the *AR *whilst have the appropiate MR

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7
Q

What is the Standard of Proof?

A

-Proving both elements of the offence beyond a reasonable doubt

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8
Q

Who is the Burden of Proof + Standard of Proof on?

A

-The Prosecution

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9
Q

What does ‘Actus Reus’ directly mean?

A

-Guilty Act

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10
Q

What does ‘Guilty Act’ refer to?

A

-The physical element of a crime

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11
Q

What are the three ways for AR to happen?

A

-A positive, voluntary act
-An omission
-A state of affairs

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12
Q

What is an Omission?

A

-Failure to act
-Generally no liability in these situations apart from 6 exceptions

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13
Q

What are the 6 omissions?

A
  1. Duty arising from an Act of Parliament (statute)
  2. Contractual duty
  3. Voluntary assumption of responsibility
  4. Public duty
  5. Duty through relationship
  6. Creating a dangerous situation
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14
Q

What is Duty through Statute + a case example for it?

A

-Where an Act of Parliament says you have to act

E.G. Road Traffic Act 1988 - failing to provide a breath sample

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15
Q

What is Contractual Duty and a case for it?

A

-The promises that parties agree to fulfill as part of a legally binding contract.
EG: R V Pittwood

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16
Q

What is Voluntary Assumption of Responsibility and a case for it?

A

-If a person has chosen to take on a responsibility.
-There are limits to this.

EG: R v Stone and Dobinson

17
Q

What is Public Duty and a case for it?

A

-If the D has an official position which requires them to act

EG: R v Dytham:
-D was a police officer on duty.
-Saw fight, when over, told bystander he going off-duty + left the scene.

18
Q

What is Duty through relationship and a case for it?

A

-Usually between a parent and child:
EG: R V Gibbons + Proctor: 7 yr old girl Nelly died of starvation

19
Q

What is Created A Dangerous Situation and a case for it?

A

-If they set in motion the chain of events they may be liable
EG: R v Miller

20
Q

What is a ‘State of Affairs’?

A

-Offences that criminalises a defendant being found in a particular circumstance at a particular time
-AKA absolute liability
-No need to prove that the act was voluntary or any mens rea

EG: Being drunk in car/ Being in country illegaly/ Being in possession of controlled drugs

21
Q

What is a case example for State of Affairs + what happened?

A

-* R v Winzar*
-Drunk on the highway, lead to arrest

22
Q

Why does the AR have to be voluntary + which case demonstrates this?

A

-Because no control= No AR
-Hill v Baxter

23
Q

What is Leicester v Pearson an example of?

A

-Where there is physical force in AR- means that D has no control
-Shunt accident= no liability