What is meant by Actus Reus (8 marks)

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  • What is meant by Actus Reus
    • 1). Most crimes need 2 elements
      • Except SL offences
      • AR is one of the elements
      • AR= Guilty mind & External element
        • D's conduct must be VOLUNTARY to establish liability
          • R v Bratty
          • D's conduct NOT of their FREE WILL= DEFENSE
            • Reflex action amounts to automatism
              • Hill v Baxter and Wholley
    • AR= Guilty mind & External element
      • D's conduct must be VOLUNTARY to establish liability
        • R v Bratty
        • D's conduct NOT of their FREE WILL= DEFENSE
          • Reflex action amounts to automatism
            • Hill v Baxter and Wholley
    • 2) Type of AR depends on DEFINITION of crimes.
    • Some crimes: PROHIBITED ACT
      • 2) Type of AR depends on DEFINITION of crimes.
      • Regardless of consequences
        • E.g. Battery requires UNLAWFUL FORCE
          • Fagan v MPC
      • E.g. Battery requires UNLAWFUL FORCE
        • Fagan v MPC
      • SOME CRIMES: PROHIBITED RESULT
        • E.g. Murder
        • Must prove FACTUAL CAUSATION
    • SOME CRIMES: PROHIBITED RESULT
      • E.g. Murder
      • Must prove FACTUAL CAUSATION
    • 3) Some crimes: neither ACT NOR A RESULT
      • FOR D to be in a SET OF CIRCUMSTANCES OR STATE OF AFFAIRS
        • E.g. 'IN POSSESSION OF CRIME'
          • R v Larsonneur
            • AR was found in the UK following a deportation order
            • FOR D to be in a SET OF CIRCUMSTANCES OR STATE OF AFFAIRS
              • E.g. 'IN POSSESSION OF CRIME'
                • R v Larsonneur
                  • AR was found in the UK following a deportation order
              • Winzar v CC of Kent
        • Winzar v CC of Kent
    • 4) No criminal liability needed in OMISSION to act
      • Airedale v Bland
      • No GOOD SAMARITAN principle in the UK to have a duty to act
        • Unless they have a LEGAL DUTY
          • CONTRACT
            • Pittwood
          • PUBLIC
            • Dytham
          • STATUTE
            • Lowe
          • DANGEROUS SITUATION
            • Miller
          • VOLUNTARY
            • Stone & Dobinson
          • RELATIONSHIP
            • Gibbins & Proctor

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