Lecture notes
Criminal Law - Elements of a Crime
- Module
- Elements of a Crime
- Institution
- OCR
Detailed notes on Elements of a Crime (A Level OCR Law Course).
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Actus Reus- the physical element of the crime = the action/doing of the crime
- known as the Defendant’s conduct
- causes the consequence
- have to be in relevant state of mind
- action & state of mind happen at same time
- is specific to each crime and the way in which it is committed
- written down in Act, or developed by judges over time
- what the defendant does in order to commit the crime
Pushing someone over = actus reus.
Dies = consequence and the offence.
Appropriating property belonging to another person - Theft Act 1968
Actus Reus + Mens Rea = Criminal offence!
Conduct = voluntary action.
If involuntary, is not punishable.
Bratty v Attorney General for Northern Ireland 1964
Lord Denning stated that an act is involuntary when it is done by the muscles
without any control by the mind.
Hill v Baxter
Judge gave 3 hypothetical examples of when the conduct would be involuntary:
- swarm of bees attack
- hit on head by stone
- has fit/seizure
In all these scenarios, Defendant’s actions would have not been voluntary as they
would have been an instinctive reaction, and therefore not their fault.
Could also be under influence of drugs or alcohol?
Omission
Not doing something - someone fails to act.
Able swimmer does not help drowning child. NOT ACTUS REUS! Not legally at
fault, unless is a parent/guardian, lifeguard at the pool, or has pushed child in.
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