law - actus reus

Cards (8)

  • Actus reus (AR)

    The physical element of a crime
  • Ways AR can be committed

    1. Through an act
    2. Through an omission
    3. Through a state of affairs
  • AR through an act

    • Most crimes are committed through an act
    • The act must be voluntary
  • Act of punching someone
    • Could be battery
  • AR through an omission

    • General rule - normally D will not be liable when failing to act unless D has a duty to act but fails in that duty
    • Different duties include: contractual duty, duty through a relationship, duty through an official position, duty taken on voluntarily, duty through creating a dangerous situation
  • Special rule for doctors - a Dr failing to treat a patient is not liable for an offence if it is the 'best interests' of the patient
  • AR through a state of affairs

    • Some offences do not require mens rea
    • D is liable because of the situation they find themselves in
    • The actus reus is all that is required for the offence
  • Larsonneur

    • Winzar