19

• Actus Reus 


  an act or omission
• Mens Rea


  the mental element (guilty mind)
• Strict liability


  crimes which only need actus reus, not mens rea
• Standard of proof


  Beyond reasonable doubt
• Conduct crimes


  not necessary to prove consequences e.g. theft
• Consequence crime


  consequence cause by d's action e.g. an injury as a result of ABH
• State of Affairs Crime

  Being in possession is enough e.g. hidden weapon/drug
• Voluntary Nature of AR

  • Act must be voluntary in order to commit actus reus
  • Hill v Baxter
• Involuntaries

  • Convicted even without being voluntary
  • R v Larsonneur
• Omissions as AR

  • Omission cannot make a person guilty of an offence
  • Good Samaritan rule - no obligation to help people
• Exceptions to Omissions

  • statutory duty
  • contractual duty
  • duty because of a relationship
  • duty through an official position
  • duty which arises because the D has set in motion a chain of events
• Duty of doctors

  • Discontinuance of treatment in patients best interest is not an omission that can form the AR
  • Airedale NHS Trust v Bland
• Problems of deciding when duty exists

  • Judge decides whether there is duty
  • Jury decides if duty has been broken
  • R v Khan and Khan