Actus Reus

Question 1

Can criminal liability exist in the absence of an actus reus?

Answer 1

No, because to do so would unfairly criminalise mere thought

Question 2

What is the mens rea of murder?

Answer 2

The intention to kill or to cause GBH

Question 3

To find a defendant criminally liable, what elements need to be proven, and to what level?

Answer 3

All elements of the actus reus and mens rea must be proven beyond reasonable doubt

Question 4

What are the three main sub-categories of actus reus?

Answer 4

Conduct; circumstances; results

Question 5

Do we require the definition of any given criminal offence to specify a conduct element?

Answer 5

No - because result crimes do not require specific conduct

Question 6

What are the three ingredients required for imposing criminal liability based on an omission?

Answer 6

recognised offence; Duty to act; Breach of duty

Question 7

Do we require the definition of any given criminal offence to specify a circumstances element?

Answer 7

Yes - every criminal offence will include some manner of circumstance elect, because the existence of the offence is to remedy and prevent a specific mischief or issue

Question 8

Can circumstances alone make the act of a given behaviour “criminal”?

Answer 8

Yes, because circumstances explain the reason for behaviour

Question 9

Is causation a separate issue from the actus reus

Answer 9

No, because causation is the essential link between the conduct element and result element

Question 10

What is a conduct crime?

Answer 10

When D performs certain types of conduct in forbidden circumstances

Question 11

What is a result crime?

Answer 11

When D performs certain types of conduct, in certain circumstances, and it leads to a forbidden result.

Question 12

Is there a general rule confirming which offences are recognised in law as being one that is capable of “commission by omission”

Answer 12

No, because this is a matter of statutory interpretation and case law precedent

Question 13

Can homicide offences be committed by omission?

Answer 13

Yes, because not acting when a duty exists can lead to death

Question 14

In what specific sets of circumstances will a “duty to act” arise?

Answer 14

Statutory duties 
Contractual duties
Familial relationships 
Voluntary assumption of care 
Endangerment

Question 15

Is there a set rule on how we distinguish what is an act, and what is an omission?

Answer 15

No, there is no set rule. It is decided on a case-by-case basis

Question 16

What is the test for causation?

Answer 16

Causation in fact and law

Question 17

When will V’s acts break the chain of causation?

Answer 17

If they are:

Completely unforgettable; free, informed and voluntary

Question 18

When will the acts of a third party break the chain of causation?

Answer 18

If they are:

Unforeseeable and unforeseen; voluntary; and not of a special category

Question 19

Jim gave Susan a lift home, and, on the way, put his hand on her leg, without Susan’s consent. Susan asked Jim to stop the car and he did not, so Susan opened the door of the moving care, and jumped out, suffering serious injuries. Jim now claims he is not liable for these.

What would your advice be, on these facts?

Answer 19

Jim would be criminally liable for the extent of Susan’s injuries, as her reaction was a foreseeable one.