Actus Reus: Types
Type of crime in which the actus reus is the prohibited conduct itself. Drink driving is an example.
Conduct crime.
A duty to act might arise where a parent has a responsibility to care for their child.
What is a special relationship?
Legal term for the principle that an actus reus will only be met if the criminal consequence would not have happened 'but for' the defendant's actions.
Where the consequence of a defendant's actus reus is what they were aiming to achieve.
What is direct intention?
These kinds of offences are usually 'regulatory' by nature. Make sure you don't speed while serving rotten food and then throw out the scraps onto the road!
What are strict liability offences?
Type of crime where the actus reus must involve conduct and a consequence. Offences under the Offences Against the Person Act are good examples.
What are consequence or result crimes.
Where a person assumes responsibility for the wellbeing of another, there might be a duty to look after them.
What is acceptance of care?
The test for legal causation.
What is the operating cause of the consequence, or did the act contribute significantly to the result?
The defendant did not necessarily want an outcome to occur, but it was a virtual certainty and the D should have realised this.
What is indirect, or oblique, intention?
Not really a type of mens rea - more a principle about the operation of mens rea.
What is transferred malice?
Type of crime where a defendant might find themselves in unlawful circumstances. For example, having an offensive weapon in a public place.
What are state of affairs crimes.
Might involve a duty that an employee has to undertake certain tasks as part of their job to a particular standard.
What is contract of employment?
As a principle of novus actus interveniens, a defendant 'must take his victim as he finds them.'
What is the thin skull rule, or conditions of the victim.
The word 'malice' or 'malicious' in a statute implies that either of these two types of intention is required.
What are recklessness or intention?
Where the defendant commits an intended offence against an unintended victim.
What is transferred malice?
The principle which states that if the defendant has no control over their actions, then they have not committed the actus reus of a crime.
What is an act or omission must be voluntary?
Case in which an anaesthetist failed to notice a patient's breathing tube had become disconnected, leading to the patient's death. An example of an omission due to contract of employment.
What is R v Adomako?
Case which involved a defendant taking his pregnant girlfriend hostage, and using her as a human shield, leading her to be shot by police. Relevant to third party actions as a principle of NAI.
What is R v Pagett?
Name of the case that established the mens rea principle of recklessness.
What is R v Cunningham?
Case that we use to demonstrate transferred malice - doncha just hate waiting in line at the post office?
What is R v Mitchell?
Case in which a defendant was forced to re-enter the UK without a visa and was then found guilty of being in the UK without 'leave to land.' A good example of a state of affairs crime.
What is R v Larsonneur?
Case in which a niece had been provided accommodation and support by her aunt, and then failed to act when the aunt died from a gangrene infection. An example of acceptance of care leading to a duty to act.
What R v Instan?
Case in which a defendant tried to poison his mother, but her death was actually caused by a heart attack. Test case for factual causation.
What is R v White?
Name of the case we used for indirect (oblique) intention - don't throw children!
What is R v Woollin?
Case we use to demonstrate coincidence, or the principle that an actus reus can continue throughout an action. Hey watch out for my foot!
What is Fagan v Metropolitan Police Commissioner?