AS Law 02

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Actus Reus- Guilty Act. This is the pyhsical element of a crime, like punching/stabbing etc. Any act must be voluntary - an involuntary act will not count as the Actus Reus of a crime, as shown in Hill v Baxter (attacked by a swarm of bees while driving).

The Actus Reus of a crime can be created by a state of affairs. This is where a person is found guilty just by the situation they find themselves in, as in R v Larsenour.

An Actus Reus will not be formed by an omission (failure to act) except for a few judge or case made exceptions.

  • Failing to wear a seat belt: Road Traffic Act 1988
  • Failing to give a breath specimine :Road Traffic Act 1988
  • Neglicting a child: Chidlren and Young Persons Act 2003.

Case made exceptions include:

  • Failing to put right a dangerous situation you created (R v Miller),
  • Failing to care for someone after assuming responsibility (R v Stone

Comments

Emma Brown

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Really useful sum up of the definition of Actus Reus, thanks! 

biraj

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can u use ur voice