47005
Actus reus
- It is the physical element a crime composes of
- Means the guilty act
- Each crime has its own actus reus
- E.g for a section 20 the actus reus is to
unlawfully wound or cause GBH
- E.g for a section 20 the actus reus is to
unlawfully wound or cause GBH
- The actus reus comprises of..
- conduct by act or omission
- a result from the conduct
- And/or surrounding circumstances
- The act could also be a state of affairs which requires a result
- conduct by act or omission
- A state of affairs means
- being in a situation which has be declared to be wrong
- E.g being drunk in a car even though you have no intent to drive it
- E.g being drunk in a car even though you have no intent to drive it
- being in a situation which has be declared to be wrong
- A result .....
- is a consequence of an act or omission
- is a consequence of an act or omission
- The surrounding circumstances
- Are illustrated under the theft act
- The property must "belong to another"
- Here there has to be surrounding circumstances otherwise it is not theft
- Here there has to be surrounding circumstances otherwise it is not theft
- The property must "belong to another"
- Are illustrated under the theft act
- The act has to voluntary on the defendant
- This means "your mind is in control of your actions"
- E.g in quick
- E.g in Hill v Baxter
- A spontaneous reflex action happened due to
the swarm of bees causing the car to loose
control
- A spontaneous reflex action happened due to
the swarm of bees causing the car to loose
control
- E.g in quick
- This means "your mind is in control of your actions"
- There is one situation in which an involuntary act is a crime
- In Winzar
- The man was found drunk on a public highway
- The man was found drunk on a public highway
- In Winzar
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