Actus Reus (Guilty Act)

A mind map for Actus Reus revision.

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  • Created by: Domingo
  • Created on: 03-04-13 14:53
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  • Actus Reus (Guilty Act)
    • State of Affaris
      • Rare
      • Defendant convicted even though he didn't act voluntarily.
      • Being in a particular place at a particular time when to do so has being declared wrong.
      • Larsonneur (1933)
        • French Woman - Deported to Ireland, back again - Illegal alien
      • Winzar (1983)
        • Removed from hospital onto huighway and then arrested for being drunk on the highway.
    • Voluntary, deliberate act
      • Hill v Baxter (1958)
        • An involuntary action does not for the actus reus of the crime.
          • If the defendant has no control over his actions then he has not committed the actus reus
        • Court gave examples where a driver of a vehicle could NOT be said to be driving voluntarily.
          • Examples: - Being stung by a swarm of bees or having a heart attack whilst driving.
    • Omissions
      • A failure to act (Law only makes a person liable for his failure to act where he has a duty to act)
      • L J Stephen (19th Century)
        • If A sees B drowning but does nothing to help him, even though if A had merely held out his hand to B then A would have saved him, under English law, A's failure to act has committed no crime.
      • Key circumstancesthat give rise to a duty to act:
        • Where a person voluntarily takes a duty
          • Stone & Dobinson (sister anorexic, failed to get medical assistance)
        • Where a person fails to minimize the harmful consequences of his act.
          • Miller (Mattress, smoking, on fire - didn't put it out, squatter)
        • Where a persons contract requires him to act.
          • Pittwood (gatekeeper, level crossing, left gate open)
        • Where a person's public position requires them to act.
          • Dytham (Police officer watched a man kicked to death - didn't intervene or get assistance)
        • Where an act of parliament requires a person to act.
          • Road traffic act (1998) (provide breath specimen, wear seat-belts)
        • Where a person's special relationship requires them to act.
          • Gibbons & Procter (daughter, 7, didn't feed)

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