Actus Reus (Guilty Act)
A mind map for Actus Reus revision.
- 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.
- An involuntary action does not for the actus reus of the crime.
- Hill v Baxter (1958)
- 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)
- Where a person voluntarily takes a duty
- State of Affaris
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