What is meant by Actus Reus (8 marks)
- Created by: Katie Beaumont
- Created on: 16-04-16 13:37
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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
- Reflex action amounts to automatism
- D's conduct must be VOLUNTARY to establish liability
- 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
- Reflex action amounts to automatism
- D's conduct must be VOLUNTARY to establish liability
- 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
- 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
- R v Larsonneur
- Winzar v CC of Kent
- E.g. 'IN POSSESSION OF CRIME'
- R v Larsonneur
- Winzar v CC of Kent
- E.g. 'IN POSSESSION OF CRIME'
- FOR D to be in a SET OF CIRCUMSTANCES OR STATE OF AFFAIRS
- 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
- CONTRACT
- Unless they have a LEGAL DUTY
- 1). Most crimes need 2 elements
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