Actus Reus
- Created by: Shannon Cunningham
- Created on: 15-04-14 10:42
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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.
- Requires the D's conduct to produce a particular result.
- Conduct + circumstance Crimes
- demand the presence of specific circumstances.
- E.g. **** requires penetration in circumstances where there is a lack of consent.
- demand the presence of specific circumstances.
- 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.
- Once the act is done, the AR is complete.
- demand a particular act.
- 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.
- are 'being' rather than 'doing' offences.
- 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
- Failure to act and the D will only be liable if they are under a duty to act.
- Definition
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