Actus Reus

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  • Actus Reus
    • Definition
      • Latin for 'guilty act.' All elements of the offence except the Defendant's state of mind. Must be a voluntary act.
    • Result Crimes
      • Defendant's behaviour must cause a particular result. (Murder - Defendant must cause the death of another).
    • Conduct and Circumstance Crimes
      • Circumstance Crimes demand the presence of specific circumstances. (Rape requires penetration where there is no consent).
    • Action Crimes
      • Action Crimes require that the defendant undertakes a particular act.(Perjury requires the defendant to lie under oath).
    • State of Affairs Crimes
      • 'Being' rather than 'doing' crimes. Rv Larsonneur (1933) defendant was guilty by being in the UK without permission.
    • Omissions
      • Failure to act. Defendant not criminally liable for this unless under a duty to act. (Statutory - Road Traffic Act (1988) - failure to wear a seatbelt. Common Law - Parental Responsibility - Rv Gibbins and Proctor (1918) Rv Miller (1983).

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