U1B: Actus Reus Flashcards
What is a Crime?
-An offence which can result in Criminal Prosecution
EG: Murder, GBH
Who do Criminal Cases involve?
-A defendant + the prosecution, who are represented by the Crown Prosection Service
What are the two types of Crimes?
-Conduct Crimes + Consequence Crimes
What’s the difference between Conduct and Consequence Crimes?
- Conduct= Act itself is illegal
- Consequence= Act causes a prohibited consequence
What are the two elements needed to be established in a Crime?
-Actus Reus
-Mens Rea
What is the Burden Of Proof?
-Proving that the D commited the AR whilst have the appropiate MR
What is the Standard of Proof?
-Proving both elements of the offence beyond a reasonable doubt
Who is the Burden of Proof + Standard of Proof on?
-The Prosecution
What does ‘Actus Reus’ directly mean?
-Guilty Act
What does ‘Guilty Act’ refer to?
-The physical element of a crime
What are the three ways for AR to happen?
-A positive, voluntary act
-An omission
-A state of affairs
What is an Omission?
-Failure to act
-Generally no liability in these situations apart from 6 exceptions
What are the 6 omissions?
- Duty arising from an Act of Parliament (statute)
- Contractual duty
- Voluntary assumption of responsibility
- Public duty
- Duty through relationship
- Creating a dangerous situation
What is Duty through Statute + a case example for it?
-Where an Act of Parliament says you have to act
E.G. Road Traffic Act 1988 - failing to provide a breath sample
What is Contractual Duty and a case for it?
-The promises that parties agree to fulfill as part of a legally binding contract.
EG: R V Pittwood
What is Voluntary Assumption of Responsibility and a case for it?
-If a person has chosen to take on a responsibility.
-There are limits to this.
EG: R v Stone and Dobinson
What is Public Duty and a case for it?
-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.
What is Duty through relationship and a case for it?
-Usually between a parent and child:
EG: R V Gibbons + Proctor: 7 yr old girl Nelly died of starvation
What is Created A Dangerous Situation and a case for it?
-If they set in motion the chain of events they may be liable
EG: R v Miller
What is a ‘State of Affairs’?
-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
What is a case example for State of Affairs + what happened?
-* R v Winzar*
-Drunk on the highway, lead to arrest
Why does the AR have to be voluntary + which case demonstrates this?
-Because no control= No AR
-Hill v Baxter
What is Leicester v Pearson an example of?
-Where there is physical force in AR- means that D has no control
-Shunt accident= no liability
