Actus Reus

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Definition of Strict Liability
crimes which require no proof of mens rea in relation to one or more aspects of the actus reus (speeding)
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Definition of Actus Reus
all elements of the crime other than the state of mind of the defendant. In particular it may consist of conduct, result, state of affairs or ommissions
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What does actus reus consist of?
Conduct
Results
State of Affairs
Ommissions
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What is conduct?
the conduct itself is criminal
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What is result crimes?
where the actions themselves are not criminal but the actual result of them could be
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example of a result crime
throwing a stone but it actually hits a window and knocks someone out
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what is state of affairs?
a case to go with this ...
'being' rather than 'doing' crimes
Duck v Peocock 1949
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Duck v Peocock 1949?
being drunk in charge of a vehicle not actually driving it but being in charge of it still is a crime
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what is ommissions?
the general rule is that there is no liability for a failure to act
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what is the expections in ommissions?
statutory provisions
contractual duty
duty imposed by law
the ommission is reclassified as a continuing act
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what is statutory provisions?
some statutes may impose an obligation to act in certain situations
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what is contractual duty?
if you don't do something within your job then you are liable
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R v Pitwood 1902?
the defendant lifted a gate allowing a cart to pass but went to lunch failing to put the gate back down, a train later collided with a horse and cart killing the train driver
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what is duty imposed by law?
if you create a dangerous situation and fail to put it right or have a duty to do something and don't then you will be liable
R v Miller 1983
R v Stone and Dobinson 1977
R v Dytham
R v Gibbons and Proctor
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R v Miller 1983?
defendant had been drinking, went home and lit a cigarrette but fell asleep, it started a small fire he saw and got up and went to the next room falling asleep again
he wasn't liable for starting the fire just liable for the fact he woke up and did nothin
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R v Stone and Dobinson 1977?
Ted Stone (67) blind, partially deaf, no smell and low intelligence, he lived with his housekeeper and mistress of 8 years. Ted's sister Fanny came to live, she had mental problems and anorexia. Fanny was found dead in bed in appalling conditions (maggots
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R v Dytham ?
defendant was a police officer, he stood by while a bouncer kicked a man to death, charged with the offence of misconduct in a public officer. He argued that the offence could not be committed by an ommission as it specifically requires misconduct.
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R v Gibbons and Proctor?
duty arising from a relationship
father and stepmother were liable for their child who starved to death (murder)
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what is the continuing act?
continuing to do something even when told not too
Fagan and MPC
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Fagan and MPC ?
policeman was directing defendant to park his car, defendant accidently drove onto policeman foot, policeman shouted at him to get off but he refused to move. Defendant argued about actus and mens reus as he accidently drove onto foot (no intention) but t
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Card 2

Front

Definition of Actus Reus

Back

all elements of the crime other than the state of mind of the defendant. In particular it may consist of conduct, result, state of affairs or ommissions

Card 3

Front

What does actus reus consist of?

Back

Preview of the front of card 3

Card 4

Front

What is conduct?

Back

Preview of the front of card 4

Card 5

Front

What is result crimes?

Back

Preview of the front of card 5
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