CRIMINAL TEST REVISION ACTUS REUS

Elements of Actus Reus are….

Action, Circumstances, Causation

Rule in M v R,

Applies to voluntary conduct

Conduct must be willed of voluntary

The act must be a product of the persons reasons

Rule in Re Wickliffe

Applies to exception of voluntary conduct, prior voluntary conduct

Prior voluntary conduct may suggest current voluntary conduct if the event follows reason

Rule in R v Burr

Applies to exception of voluntary conduct, automatism,

The deliberate functions of the mind must be absent, generally a disease of the mind, being drunk or sleepwalking is not enough to meet exception

Rule in Commonwealth DPP v Poniatowski

Applies in test for omissions to determine positive act by defendent

1. The particular offence must expressly state there is liabilty for an omission

2. There must be a duty imposed by law

Rule in R v Wira

Applies in omissions test,

An assumed duty exists where the defendent is in charge of a dangerous thing, person is liable for actions of dangerous thing

Rule in Killbride v Lake

Applies to determine liabilty when there is a duty under Commonwealth DPP v Poniatowski

1. Is the defendent under a legal duty to act?

2. HAs the defendent sufficiently performed this duty by doing what is reasonable and practical to do?

Rule in Deller

Applies in surrounding circumstances

When surrounding circumstances turn an ordinary act into an illegal crime

The absence of a lawful excuse is sufficient, such as a fishing without a licence,

HOWEVER,

circumstances must exist as fact, it is not sufficien that defendent believes them to exist

Rule in R v Hughes

Applies to causation,

Factual causation is when the defendents action is necessary condition for result

Legal causation is attributing responsiblity to someone as a standard of evaluting what the person has done

Rule in R v Mckinnon

Applies in test for legal causation,

D’s actions must be sufficient condition of the result

Rule in R v Mwai

Applies in test for legal causation,

Must be operation and substanial cause for the result

Rule in R v White

Applies in exceptions to legal causation,

Interventions by natural phenomena, something new that breaks series of causation and defendents action is no longer operational to the result, must be extradinary