Actus Reus

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  • Actus Reus
    • Definition
      • Latin for 'guilty act' but refers to all the elements of the offence except the D's state of mind.
      • D's conduct must be voluntary.
    • Result Crimes
      • Requires the D's conduct to produce a particular result.
        • E.g. Murder requires the D to cause the death of the victim.
    • Conduct + circumstance Crimes
      • demand the presence of specific circumstances.
        • E.g. rape requires penetration in circumstances where there is a lack of consent.
    • Action Crimes
      • demand a particular act.
        • Once the act is done, the AR is complete.
          • E.g. perjury requires the D to lie under the oath. The consequences are unimportant, it is the conduct that is prohibited.
    • State of Affairs
      • are 'being' rather than 'doing' offences.
        • In R V Larsonnew - the D was guilty of an offence by being in the UK without permission.
    • Omissions
      • Failure to act and the D will only be liable if they are under a duty to act.
        • E.g. The Road and Traffic Act makes the failure to wear a seatbelt.
      • Duties also arise under the common law
        • Contractual Duty = R V Pittwood. D is in a public position = R V Dytham. Or D created a dangerous situation = R v Miller

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