Actus Reus- Cases and General Rules Flashcards
- Actions
Involuntary Actions
M v R 2013
General rule
- M v R (involuntary action)
Conduct should be considered as general not criminal, involuntary conduct is not a crime
- Actions
Cause of Voluntariness
Burns v Bider 1967
General Rule
- Burns v Bider 1967 ( cause of voluntariness)
- Guilt depends on actions origins
- Must come from external influence not internal
- Conduct is intoxicated people is excluded
- Actions
Reflex Actions
Re Wickcliffe 1987
General rule
- Re Wickliffe 1987 (reflex actions)
Look at circumstances to see if person was in control of their actions or not
- Actions
Earlier Voluntary Conduct
Jiminez 1992
General Rule
- Jiminez 1992 (earlier voluntary conduct)
Look at overall conduct of individual
- Omissions
Exception one ( where a person has a legal duty to act, and fails to comply)
DPP v Poniatowska
General rule
DPP v Poniatowska ( exception one)
- Is there a duty?
- How did it arise?
- Does the defendants actions fall within its scope?
s156 Crimes Act examples
(Person in charge of a dangerous thing is under a legal duty to take reasonable precautions)
List 2 of 3 at least
- R v T 2016
- R v Vanner 2005
- R v Mataafi 2016
S152 Crimes Act
(Duty of a parent to provide the necessities of life to a child)
List 2 at least
- Q v R 2017
- R v X 2015
- L v R 2011
- JF v Police 2013
- Omissions
Exception two ( where duty arises because of a persons actions)
R v Miller
General rule
R v Miller (exception two)
- Cour of Appeal (continuous act theory)
2. House of Lords (continuous act and duty theory)
- Omissions
Exception three (where offence can only be committed by omission)
Problem of continuing actions
Two cases
- Fagan v MPC 1969
- R v Kaitamaki
- State of Affairs Offences
General rule
No conduct is needed, it is enough if a state of affairs exists
- Surrounding Circumstances
General Rule
Existence of particular circumstances can transform an otherwise lawful act into a crime
Causation
But for test
R v Hughes 2013
Causation
Common sense test
R v Hughes
General rule
R v Hughes
Legal causation requires a level of fault
Causation
Novus Actus Interveniens
First event
Two cases
R v Smith (main case)
McKnight v NZ Biogas
Causation
Novus Actus- Natural Events
List 2 of 3
R v Hart
Bush v Commonwealth
R v White
Causation
Novus Actus - Other Persons
List 1 of 2
State v Scates
R v Jordan
Causation
Novus Actus - The Victim
List 3 of 6
R v Royall R v Hughes R v Roberts People v Lewis R v Wall
Gable Tostee (most important)
