Actus Reus

• Definition of Actus Reus

  guilty act
• Definition of Mens Rea

  Guilty Mind (state of mind at the time of the offence)
• To be found guilty of a crime, when must the actus reus and Mens Rea take place

  simultaneously
• Definition of a result crime

  Actus Reus of a crime causes a particular result
• Example of a result crime

  murder, GBH
• Definition of a conduct crime

  Undertaking a particular behaviour or action where Mens Rea is not required
• Example of a Conduct Crime

  Speeding
• 2 Principles Of Actus Reus

  1. Voluntary

  2. Positive Action
• What is the Voluntary Principle?

  Actus Reus must be committed Voluntarily
• Which case refers to Actus Reus being Voluntary

  Hill v Baxter
• Summarise Hill V Baxter

  Judge gave exemptions to the voluntary principle.

  
  

  I.e losing control of a car due to a swarm of bees.
• What is Held in Hill V Baxter

  Actus Reus must be committed voluntarily
• What is the exception to the voluntary principle

  State of affairs
• Definition of "state of affairs"

  Being in a particular state of affairs where the Actus Reus is involuntary but D is still charged.
• Which case describes state of affairs

  Winzar
• Summarise the case "Winzar"

  Drunk defendant took to highway by police after being ordered to leave hospital, and then being charged for "being drunk on a highway"
• What is held in "Winzar"

  Defendant found guilty, even though Actus Reus was involuntary.
• Can actus reus be committed by an Omission?

  Mostly not
• Exceptions to Actus Reus needing to be a positive action:

  1. Parliament has created an offence for failure to act

  
  

  Or

  
  

  2. D is under a duty to act
• Give an example of a crime made by parliament which is committed by failure to act

  Failure to report a road traffic incident
• What are the 5 duties to act

  1. Contractual Duty

  
  

  2. Duty by relationship

  
  

  3. Duty Voluntarily assumed

  
  

  4. Duty by position of public office

  
  

  5. Duty because of creation of a dangerous situation
• 1) A contractual duty

  Defendant fails to act under contract of employment
• Case for contractual Duty

  R v Pittwood
• Summarise R v Pittwood

  Defendant failed to close the railway crossing, as a result someone was struck by a train and died
• What was held in R v Pittwood

  failure to shut the gate formed the actus reus of manslaughter, as he was under contractual duty to act.
• Case for duty by relationship

  Gibbins and Proctor
• Summarise Gibbins and Proctor

  Child starved to death after father and stepmother failed to feed her
• What was held in Gibbins and proctor

  Parents failure to act formed Actus Reus for murder because of a duty by relationship
• 3) A duty which has been voluntarily assumed:

  voluntarily assuming care and responsibility for another
• Case for duty voluntarily assumed

  Stone and Dobinson
• Stone and Dobinson

  Low intelligence couple with learning difficulties invited elderly sister to live with them as she was unable to care for herself. But she died as a result
• What was held in Stone and Dobinson

  Defendants were liable for the death due to duty of care voluntarily assumed.
• 4) A duty because of a position in public office:

  Duty due to role serving in public office
• Give an example of a public office position

  Police.
• Case for duty because of position in public office

  R v Dytham
• Summarise R v Dytham:

  Police Officer failed to intervene after witnessing a violent attack.
• What was held in R v Dytham

  D was guilty of misconduct due to failing to intervene in his position of public office
• 5) A duty because of creation a dangerous situation:

  D sets in motion a dangerous series of events, and fails to prevent harm occurring
• Case for duty because of creation of a dangerous situation

  R v Miller
• Summarise R v Miller

  Defendant failed to extinguish a fire created by falling asleep while smoking. He then went to sleep in another room.