Actus Reus

• actus reus

  physical element/prohibited conduct of crime

  can be an act, omission or state of affairs

  muat be voluntary and consequence required for offence to be completed
• types of crime

  conduct crime- guilty act is criminal irrespective of consequences e.g. rape/theft

  consequence crime- guilty act may not be criminal but consequence is. e.g. swinging an axe is legal, murder is

  state of affairs- can be state of affairs the defendant is responsible for e.g. possession of an offensive weapon in public
• voluntary nature 


  no control over actions = no actus reus

  Hill v Baxter
• involuntary nature

  convicted even if didn't act voluntarily

  R v Larsonneur - deported from UK to Ireland, sent back to UK. charged for being an "alien" but did not come back to the UK voluntarily
• good samaritan law 


  •makes people responsible for helping others in an emergency situation e.g. Princess Diana's crash in France

  
  

  problems

  ○people can pretend to be hurt

  ○risk untrained person could do more damage

  ○ Definition of emergency situation?

  ○Should rescuers put themselves at risk
• problems with deciding where a duty exists

  judge determines whether there is evidence capable of establishing a duty in law

  then direct jury if certain facts establish a duty

  jury then make decisions on facts of case whether duty is broken

  khan v khan
• assuming a duty 


  Adult normally held responsible for own life

  mentally capable adult can refuse treatment

  if vulnerable- person assuming duty is in position to ensure potential harm is avoided

  -will know vulnerability

  -liable for failure to do anything

  -just have to call for help to fulfill duty
• medical treatment 


  Doctors decide patients best interests- not liable

  euthanasia by positive act would remain unlawful
• statutory duties 


  make it an offence to fail to do something

  many relate to vehicles and driving

  must also enforce strict liability

  some statutory duties imposed because of difficulty of proving an offence
• "causing or allowing the death of a child or vulnerable adult" domestic violence, crime and victim act 2004


  difficult to discover proof a member of the household was abusing

  2004 act means all adults are liable for failure to protect the child