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Criminal Law
General Elements of Criminal Liability
Actus Reus
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isabel jennings
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Cards (17)
What does 'actus reus' literally mean?
'Guilty
act'
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What is the broader meaning of 'actus reus'?
It is the
physical
element of a crime
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What are the three forms of actus reus?
An act
An
omission
(failing to act)
A
state of affairs
(being, rather than doing)
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What are conduct crimes?
Crimes where
AR
is the prohibited behavior
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What is an example of a conduct crime?
Drink driving
under
s.5(1)
Road Traffic Act 1988
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What is required for consequence crimes?
AR must result in a
criminal
consequence
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What is an example of a consequence crime?
Assault
occasioning
actual bodily harm
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What must be proven in consequence crimes?
There must be an injury resulting from the
assault
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What is the voluntary nature of actus reus?
The act or
omission
must be voluntary
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What is an exception to the voluntary nature of actus reus?
State of affairs
crimes
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What examples did the court give in *Hill v Baxter*?
Being stung by
bees
or having a
heart attack
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What does 'involuntariness' indicate in criminal law?
It shows a lack of fault by the
defendant
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How does the absence of fault affect criminal liability?
Defendant is usually not
liable
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What is the distinction between actus reus and mens rea?
Actus
reus
is the act, mens rea is
intent
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How do omissions affect criminal liability?
Failing to act can lead to
liability
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What role does intent play in conduct and consequence crimes?
Intent is crucial for establishing
liability
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What are the legal consequences of involuntary actions?
They may absolve the
defendant
from
liability
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