Actus Reus- Law Unit 2 AS Criminal liability

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  • Created by: Bendean3
  • Created on: 01-04-15 12:33
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  • Actus Reus
    • Definition
      • The actus reus is the physical element of the crime
      • It can be either an act; a failure to act (an omission); or a state of affairs
      • The actus reus for some crimes must have an act or ommission with a prohibited consequence
    • Voluntary nature of
      • The act/omission must be voluntary by the defendant.
        • If they have no control over their actions, then he has not committed the actus reus.
      • E.G. Hill v Baxter (1958)
        • Driver lost control, due to swarm of bees
    • Involuntary acts
      • Occurs in assault. When one person pushes another, causing them to bump into the victim.
        • The person who has been pushed is involuntary.
    • State of affairs
      • where defendant has been convicted even though they did not act voluntarily
      • E.G. Larsonneur (1933)
    • Ommissions
      • The general rule is that omissions can not make a person guilty of an offence.
      • Exceptions to the rule
        • 1.Contractual duty
          • 2.Duty from official position
            • 2.Family relationship
              • 4.Voluntary care.
                • 5.creation of a dangerous situation
                  • R v Miller
                • R v Stone & Dobinson
              • R v Gibbins & procter
            • R v Dytham
          • R v Pittwood

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