Actus Reus

Question 1

An Actus Reus is:

Answer 1

Any act of the def that is unlawful, has consequences causing harm to the victim and must be either a voluntary act or omission.

Question 2

Definition of Actus Reus:

Answer 2

Literally means ‘the guilty act’. Mostly a physical act. Circumstances may be relevant, such as withdrawing consent during sex. State of affairs also relevant (situation). Must be voluntary. Failing to act can be a.r in six situations (omissions) such as having a duty to act in R v Naughton.

Question 3

Omissions:

Answer 3

Contractual Duty: R v Pittwood (closing train gate)
Creating a Dangerous Situation: R v Miller (fire)
Acts of Parliament: Road Traffic Act 1988
Special Relationships: R v Lowe (medical attention for baby)
Voluntary Responsibility: R v Stone & Dobinson
Duty to Act: R v Naughton (policeman)

Question 4

Voluntary Conduct:

Answer 4

Actus Reus must be voluntary, as seen in Hill v Baxter, in which def had heart attack whilst in control of a car and is therefore not responsible as act wasn’t voluntary.