Actus reus and Mens Rea

• What does Actus Reus mean?


  known as the physical act of the offence. For example infliction of force upon the victim. For a trust to be established it must be proved that the act was voluntary
• What is Mens rea 


  It is the ’guilty mind’ referring to the mental intent of committing a crime.

  For example attempting to steal.
• summarise the R v Miller case (Actus reus)

  The defendant failed to address a dangerous fire that they had accident caused.

  This absence of action still counts as actus reus because of the abscence of an act
• Summarise the R v Mohammed 2005 case (Mens rea)

  The defendant aimed to run over a police officer.

  Th intention was to cause harm by hitting the police officer with the car
• What is oblique intention?

  The intention of the defendant to cause harm but harm did not occur
• How does the case of R v Woollin 1998 illustrate the principle of oblique intention?

  The defendant threw his baby in a fit of rage knowing serious harm was certain causing the baby to die.

  The defendant‘s aim was not to kill him but harm was intended.

  Resultantly the conviction was squashed
• What are three types of actus reus

  -The act

  -Failure to act

  -State of affair
• What are the 6 duties

  -Contractal duty

  -A duty through ones official position

  -A duty because of a relationship

  -A duty that arise because the defendant created a dangerous situation

  -A duty which has been taken on through official acceptance of care

  -Factors based on public policy (statutory duty)
• What is the duty based between a parent and child


  Duty because of a relationship
• Give an example of a duty because of a relationship

  R v GIbbins and proctor (1918)

  A 7yr old lived with dad and step mum

  Deliberately starved causing her death

  Hid child's body in a brickyard to avoid liability
• What is duty of ones official role


  A duty of someones official role for example a police officer they must act.
• Give an example of a duty of ones official role 


  R v Dytham (1979)

  D, a police officer witnessed a beating where a person was beat to death.

  He failed to intervene as his shift was ending
• What is contractual duty?

  Their contract will state their duties they had to undertake to the standard set.

  Failure to do so may form the actus reus of an offence
• Give an example of contractual duty R v AdomakobD was an anaesthetist who failed to notice a disconnected breathing tube.

  Once alerted he failed to check as any anaesthetist would do
• what are the three different types of actus reus explain them all.


  Failure to act omissions E.g cleaner not leaving floor sign and you falling and getting injured

  Voluntary act- Murdering someone

  State of affairs- offence that criminalises defendant being found in particular circumstance. E.g being drunk on public highway
• What does the action need to be in order for it to be classed as part of actus reus.

  Voluntary
• Give a case of where a voluntary action resulted in convitction being a part of actus reus and explain the case

  Hill v Baxter 1958

  man partially conscious driving and felt this was wrong.

  He still continued to drive knowing this.

  Caused an accident.
• Why is the case of Hill V Baxter a voluntary act.


  Because he carried on driving but he knew he didn't feel well
• Give an example of case which does not satify actus reus for voulintary assault. Explain who was liable.

  R v Mitchel 1983

  D tried to push his way into que at post office.

  Old man told him off so D punched him causing him to fall into old woman.

  Old woman fell and was injured and died in hospital.

  D was convicted as he caused series of events (consequence crime).

  Old man was not convicted as action was not voluntary.
• What is the only way you can be convicted of a crime by failing to act .

  If you have a Duty.

  Or parliament has made it an offence not to act. E.g failure to take breathalyser test.
• What 6 are the duties.

  Contractual duty. E.g lifeguard.

  Duty because of relationship (often family).

  Duty through ones official position. E.g police officer.

  Factor based on public policy or duty.

  Duty which arose because defendant created dangerous situation.

  Duty which one has been taken through acceptance of care.
• Give a case example of where the contractual duty was not fufilled

  R V Adomako 1994

  D was anaesthetist who failed to notice a disconnected breathing tube.

  
  

  Once alerted he did not check the patient died.
• Give a case example where duty because of relationship was not followed.

  R V Gibbins and protctor 1918

  7 year old lived with dad and step mum who deliberately starved her to death.

  
  

  Hid child's body to try and avoid liability.
• Give an example of a duty of the defendant creating a dangerous situation was NOT fulfilled.


  R v Evans 2009

  Victim was given heroin by sister and mother so she overdosed.

  Sister and mother knew this but went to bed. When she woke up she was dead.
• Give an example through a duty of ones official position was not fulfilled.

  R v Dytham 1979

  Police officer witnessed someone being kicked to death.

  He failed to intervene as his shift was ending.
• Give an example of a case where the duty of acceptance of care was not fulfilled.


  R v Stone and Dobinson 1997

  Elderly sister came to live with D's

  Often stayed in the room and failed to eat so became bedridden.

  She could not feed for herself and died due to malnutrition.
• Give an example of a case which the duty of following public duty was not fulfilled.


  R v Wiloughby (2005)

  D and V set fire to disused pub.

  Killed the victim.

  D found with petrol in car.
• What law in which country makes it so it's illegal to not help someone in an emergency.


  The good Samaritan law in France.
• What are the problems with the good Samaritan law


  It could be a trap to help

  
  

  Or it could be to risky
• What is the chain of causation and what is it old used to determine

  The chain of causation is the actions that lead up to the events resulting in conviction.

  It is only used to determine consequence crimes
• Give an example of a voluntary act of actus reus


  Hill v baxter as he continued to drive