Actus Reus: The Conduct Element

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ACTUS REUS: THE CONDUCT ELEMENT

CENTRAL ISSUES

One. The traditional method of analysing the definition of an offence is to separate out the actus reus (which describes the acts of the defendant and their consequences) and the mens rea (which describes the required mental state of the defendant).

Two. A defendant is only guilty if she or he has performed a voluntary act.

PART ONE: THE LAW

One. DISTINGUISHING THE COMPONENT ELEMENTS OF A CRIME

DEFINITION

Two. ACTUS REUS: THE CONDUCT ELEMENT

Two. THE VOLUNTARY ACT REQUIREMENT ‘requirement’

Two point one. OMISSIONS

DEFINITION

Crimes that cannot be committed by omission

When the defendant is under a duty to act

Ownership or control of property

Continuing act

Creation of the danger

Novel situations

QUESTIONS

Distinguishing between omissions and acts

QUESTIONS

Two point two SITUATIONAL OFFENCES

Two point three LIABILITY FOR THE ACTS OF OTHER PEOPLE

Three CAUSATION

Three point one FACTUAL OR 'BUT FOR' CAUSATION

Three point two THE KEY TEST FOR LEGAL CAUSATION

Substantial

Operating

Three point three ACTS OF THIRD PARTIES BREAKING THE CHAIN OF CAUSATION

DEFINITION

A free, voluntary, and informed act

Two. Actus Reus: The Conduct Element

Rendering the defendant's action no longer an operating and substantial cause

QUESTIONS

Three point four OMISSIONS OF THIRD PARTIES BREAKING THE CHAIN OF CAUSATION

Three point five ACTS OF THE VICTIM BREAKING THE CHAIN

Two ACTUS REUS: THE CONDUCT ELEMENT | One hundred one

QUESTIONS

Three point six THE THIN SKULL' RULE

Three point seven A NATURAL EVENT ('ACTS OF GOD')

Three point eight INTENDED RESULTS

Two ACTUS REUS: THE CONDUCT ELEMENT

Four CLASSIFICATION OF OFFENCES

Two ACTUS REUS: THE CONDUCT ELEMENT

Five point one WHY MIGHT THE LAW HAVE A VOLUNTARY ACT REQUIREMENT?

Five point two WHAT IS THE VOLUNTARY ACT REQUIREMENT?

The traditional view: acts as 'willed voluntary movements'

One. Preliminary Overview of the Act Requirement

Alternatives to the traditional view

QUESTIONS

Six point one SHOULD THE CRIMINAL LAW PUNISH OMISSIONS?

Arguments against criminalizing omissions

Two. Refuting the Justifications for Bad Samaritan Laws

Arguments in favour of punishing omissions

(a) "Special" relationships of care: judging motherhood

(b) Voluntary undertaking of responsibility: of choice and coercion

QUESTIONS

Seven point one. ARGUMENTS AGAINST HOLDING PEOPLE RESPONSIBLE FOR THE CONSEQUENCES OF THEIR ACTIONS

Seven point two. ARGUMENTS THAT CONSEQUENCES DO MATTER

Action reasons and outcome reasons

The importance of consequences to our humanity

Eight point one 'CAUSAL MINIMALISM'

Eight point two HART AND HONORÉ

Eight point three REASONABLE FORESEEABILITY

Eight point four NATURAL CONSEQUENCES

Eight point five Narrowness of Causation Approach

Liberal Principles for the Imputation of Causation

QUESTIONS

Overview

The text outlines the definition of actus reus in criminal law, emphasizing the distinction between conduct required for liability and the mental state of the defendant. It addresses both traditional analyses of criminal offences and the complexities surrounding omissions and voluntary acts.

Key Points

1Actus reus refers to the conduct element required to establish criminal liability
2A defendant must perform a voluntary act for guilt to be established
3Omissions can lead to liability only if there is a duty to act
4Distinctions are made between conduct crimes and result crimes
5The text highlights debates regarding the necessity of an act in establishing liability.

Details

Category: Law and Legal Studies

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