Actus Reus

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  • Created by: Heather
  • Created on: 28-02-12 15:42

Actus Reus- a 'prohibited act' of an offence, ie. punching someone is the actus reus of battery The 'prohibited act' is better known as the CONDUCT as it can also be the failure to act (omission) and the existence of forbidden 'state of affairs. For the Defendent to be crinminally liable it has to be proven that hte accused bought about the conduct voluntarily. By looking at accompaning CIRCUMSTANCES it must be proven that D's CONDUCT CAUSED CONSEQUENCE.

Voluntary act: 'An act done by the muscles with no control from the mind'. Examples of involuntary act as found in Hill V Baxter

  • An uninvited swarm of bees
  • Being overcome by a sudden illness ie.epilepsy
  • Behing hit by a brick or stone

Omission: Failure to act

R V Dytham- Duty arising from public position

R V Pittwood - Contactual duty

R V GIbbons and Proctor- Duty of Relationship

State of affairs is the crime of 'being' rather than 'doing'. No Mens Rea of offence is required.

Larsonneur: being an 'alien' not given permissin to be in the country

Winzar v Constable of Kent: Being drunk and disorderly ina public place

To be liable you need proof of CONDUCT + CIRCUMSTANCES and occasionally CONSEQUENCE.

To proove 'consequence' have to prove BOTH factual and legal…

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