types

Cards (16)

  • what are the 4 types of actus reus?
    -conduct crime
    -results crime
    -state of affairs / strict liability
    -omissions
  • what is a conduct crime?
    -Ds actions are prohibited / illegal
    -doesn't have to have caused any harm or resulted in something
  • give an example of a conduct crime
    dangerous driving
  • what is a result crime?
    -Ds actions produce a particular result
  • give some examples of a result crime
    -murder
    -death by dangerous driving
  • what is state of affairs / strict liability?
    -D didn't intend to break the law, but did (no mens rea)
  • give an example of strict liability crime
    -speeding without realising
  • what is an omission?
    -Failure to act when they should have
  • give an example of an omission
    -doctor refusing to treat a patient
    -not throwing someone a life ring when they're drowning
  • for a person to be held criminally liable what does the actus reus have to have been?
    voluntary - Ds actions were result of their own conscious decision
  • can a person be held criminally liable if the actus reus was involuntary?
    usually not
  • in what case was a individual not prosecuted because of their involuntary action?
    R v Mitchell 1983
  • what occurred in R v Mitchell 1983?
    -D tried to push into post office queue
    -Old man complained so D punched & pushed him
    -Old man fell into old lady who broke her leg & then died 3 days later
    -Old man not convicted as his action was involuntary as caused by the actions of someone else
    -D convicted of unlawful & dangerous act manslaughter
  • what is an "innocent agent"
    action was involuntary with no intention
  • give the case where an individual was not prosecuted due to an involuntary actus reus
    Hill v Baxter 1958
  • what occurred in Hill v Baxter 1958?
    -D was speeding then some bees went into her car
    -She was distracted & crashed
    -Was not found guilty as actions to get bees away seen as involuntary as she did not intend to crash