Actus reus Flashcards
What is the actus reus
The guilty act
What must the guilty act be
Voluntary
What case states that the actus reus must be voluntary
Hill v Baxter
What are the 3 types of actus reus
Consequence/ result crimes, conduct crimes and state of affairs crimes
What are consequence/ result crimes
They require a certain outcome
What is an example of a consequence/ result crime
There must have been a death for a murder to have occurred
What is a conduct crime
Only a certain behaviour or conduct is required, the outcome is irrelevant
What is an example of a conduct crime
Lying under oath, is doesn’t matter what the outcome of the trial is
What is a state of affairs crime
Consists of ‘being’ rather than ‘doing’
What is an example of a state of affairs crime
Illegally being in the UK
What case supports state of affairs crime
Larsonneur
What is an omission
A failure to act
When can an omission make you guilty of an offence
When they are one of the 6 exceptions as they have a duty to act as imposed by law
What are the 6 duties
Duty to act as parents, assumed a duty to act, contractual duty to act, public duty to act, duty to act as D set in motion a chain of events and a statutory duty to act
What case supports duty to act as parents
Gibbins and Proctor
