What is Actus Reus

Question 1

What is actus reus?

Answer 1

This is the physical element of a crime

Question 2

What 3 things can the Actus Reus be?

Answer 2

• an act
• a failure to act (an omission)
• a state of affairs

Question 3

In most cases what will the actus reus be?

Answer 3

this will be something the defendant does

Question 4

What type of actus reus is rare?

Answer 4

‘state of affairs’

Question 5

What does a voluntary nature of actus reus mean?

Answer 5

this means that the act or omission must be voluntary on the part of the defendant

Question 6

When may a defendant have acted but is has not committed the actus reus?

Answer 6

if the defendant has no control over his actions

Question 7

What year was Hill v Baxter?

Answer 7

1958

Question 8

In Hill v Baxter 1958 the court gave examples of where a driver of a vehicle could not be said to be doing the act of driving voluntarily, what were these? (3)

Answer 8

1) Where the driver lost control of vehicle because he was stung by a swarm of bees
2) If he was struck on the head by a stone
3) Had a heart attack while driving

Question 9

Other than driving, what is an example of an involuntary act?

Answer 9

1) Where the defendant hits another person because of a reflex action or a muscle spasm
2) Where one person pushes a second person, causing them to bump into a third person. The second person was pushed involuntarily.

Question 10

What case did the situation take place whereby one person pushed a second person causing them to bump into a third person but where the second person had not committed the actus reus due to an involuntary action?

Answer 10

Mitchell 1983

Question 11

What happened in Mitchell 1983?

Answer 11

one person pushes a second person, causing them to bump into a third person.

Question 12

What do the examples of what counts as actus reus show about criminal law?

Answer 12

that criminal law is concerned with fault on the part of the defendant, where there is an absence of fault, then the defendant is usually not liable.

Question 13

What situations are known as ‘state of affairs’?

Answer 13

cases whereby there are rare instances in which the defendant has been convicted even though he did not act voluntarily.

Question 14

What case is an example of a ‘state of affairs’ case?

Answer 14

Larsonneur (1933)

Question 15

What year was Larsonneur, a ‘state of affairs’ case?

Answer 15

1933

Question 16

In Larsonneur 1933 the defendant had been ordered to leave the UK and so she decided to go to Eire but was deported by Irish police back to UK. When she landed she was immediately arrested. What was Larsonneur charged with?

Answer 16

she was charged with being ‘an alien to whom leave to land in the UK had been refused’.

Question 17

For some crimes, what must the actus reus also result in?

Answer 17

result in a consequence

Question 18

For some crimes the actus reus must also result in a consequence, Where can this be seen ?

Answer 18

in the offence of assault occasioning actual bodily harm (s47 Offences Against the Person Act 1861)

Question 19

What is the statute of the offence of assault occasioning actual bodily harm?

Answer 19

s47 Offences Against Person Act 1861

Question 20

What does it mean when a consequence of the actus reus can be seen in the offence of assault occasioning actual boldly harm?

Answer 20

this means that there must also be a consequence of ‘actual bodily harm’, (i.e some injury to the victim)

Question 21

What are 4 examples of an assault occasioning ‘actual bodily harm’?

Answer 21

1) broken nose
2) broken arm
3) bruise
4) psychiatric injury

Question 22

Without what factor can there not be a s47 offence?

Answer 22

without the consequence of an assault occasioning actual bodily harm