LLB 130 Lecture Notes - Lecture 2: Breaking The Chain, Actus Reus, Defense Of Infancy
Document Summary
Components of criminal offences: how you might construe a particular offence. Hkt when a statutory offence has a conduct component. Inadvertent only for sexual offences; tolmie the defendant did not see the risk but the risk would have been obvious to the reasonable person with the accused mental capacity. Is the physical, external or observable element of a crime: actus reus can be broken down into three elements, conduct (act or omission, circumstances (context) in which the conduct is done. These are per dixon cj in vallance v r (1961) 108 clr 59, 59. Acts see fagan v commissioner of metropolitan police [1969] 1 qb 439 at 439. Omissions: only where law imposes a legal duty to act e. g failure to fill out tax return. Law defined categories of involuntary conduct eg acting under duress, sane automatism (includes acts done while asleep, epileptic seizure, and severe hypoglycaemia, and while concussed).
