100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Summary A Level Law: Criminal Law - Actus Reus £4.09
Add to cart

Summary

Summary A Level Law: Criminal Law - Actus Reus

 17 views  0 purchase
  • Institution
  • OCR

This set of notes provides a simple introduction and overview of the concept of actus reus in Criminal Law. These notes should prove useful to anyone studying A Level Law or even Law Undergraduates who may be looking for a more basic introduction for certain concepts.

Preview 1 out of 2  pages

  • August 4, 2023
  • 2
  • 2021/2022
  • Summary
All documents for this subject (145)
avatar-seller
aishaabdelrahim
Actus Reus
In order for a defendant to be found liable of an offence, they must have satisfied the actus reus and
the mens rea required for the offence.

The actus reus, (as alluded to by the phrase) is the guilty act committed by the defendant.

The mens rea, is the guilty state of mind or intention of the defendant.

The Nature of The Actus Reus
The act (or omission) must be voluntary on part of the defendant.

- If the defendant has no control over his actions, then there is no actus reus.

Hill v Baxter – An involuntary action DOES NOT form the AR of an offence.

Examples of involuntary acts include:

- The defendant hitting someone as a result of muscle spasms.
- Someone who has been pushed by another person and ends up knocking someone else over.

R v Mitchell –

- Defendant pushed a man in a post office queue.
- The man staggered and knocked over an old woman.
- She was injured and subsequently died of those injuries.
- Due to the fact that the man was not acting voluntarily, there was no actus reus.

Omissions
The general rule here is that there is no criminal liability for a failure to act, as there is no “Good
Samaritan” law in the UK as there is in other countries.

A person is only liable for a failure to act where there is a duty to act.

There are 6 main situations in which there is a duty to act:

- A person’s contract requires him to act (Pittwood).
- A person’s public position requires him to act (Dytham).
- There is a statutory duty to act (The requirement to stop at the scene of a road traffic
accident).
- Where a person has set into motion a chain of events (Miller).
- Where a person voluntarily takes on a duty (Stone and Dobinson).
- A duty exists because of a relationship (Gibbins and Proctor).

Summary
The essential element of a crime.

It may require conduct, a consequence, or a state of affairs.

There will be no liability of the act is not voluntary.

There will be no liability for a failure to act except in situations where there is a duty to act.

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller aishaabdelrahim. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for £4.09. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

53068 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now

Start selling
£4.09
  • (0)
Add to cart
Added