Actus reus Flashcards
(21 cards)
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
What case supports assumed a duty to act
Stone and Dobinson
What case supports a contractual duty to act
Pitwood
What case supports public duty to act
Dytham
What case supports a duty to act as D set in motion a chain of events
Miller
What is the statutory duty to act
Failing to stop at the scene of a road accident is a criminal offence
What act states that failing to stop at a road traffic accident is a criminal offence
S170 road traffic act 1988
