Actus Reus- Law Unit 2 AS Criminal liability
- 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
- The act/omission must be voluntary by the defendant.
- 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.
- Occurs in assault. When one person pushes another, causing them to bump into the victim.
- 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
- 5.creation of a dangerous situation
- R v Gibbins & procter
- 4.Voluntary care.
- R v Dytham
- 2.Family relationship
- R v Pittwood
- 2.Duty from official position
- 1.Contractual duty
- Definition
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