Actus reus Flashcards
What are the elements of a crime?
- to be guilty it must be proven “beyond all reasonable doubt” that you committed the actus reus (guilty act) and had the required men’s rea (guilty mind) as defined in common law or statute law
- the exception for this is strict liability crimes where you don’t have to prove the men’s rea
Why might someone who did not intend to do something, e.g. stab someone, still have the actus reus?
- recklessness is enough for some crimes
What are the categories of crimes according to their actus reus?
- result crimes= most common. Prosecution must prove your action ‘caused something to happen’ e.g. death or loss property
- Action crimes= Here the results of the crime are irrelevant (you have done it, therefore you are guilty) e.g. you exceed the speed limit
- State of affairs crime= quite rare. You may not have actually done something but the circumstances you are in mean a crime has been committed e.g. being an illegal immigrant where the actual entry to the country was not illegal itself
- omissions= you have a duty to do something and fail to do it, the consequence of which are a crime
The AR of a crime according to Hill V Baxter (1958)?
Must be both ‘positive and voluntary’.
What does it mean when an act must be voluntary?
- if you are forced to commit an act against your will or really have no control over your actions, you may have committed the AR but you have a defence which can lead to acquittal. Defences such as insanity or duress may apply here.
What is absolute liability?
- crimes where the defendant has neither a voluntary AR nor the necessary MR
- this is an exception to the requirement that all crimes need a voluntary AR
- R V Larsonneur= the defendant, a French women, was deported against her will, from Ireland to England, by the Irish authorities. Upon her arrival she was immediately charged with the offence of being an illegal alien. Her conviction was upheld despite the fact that she had not voluntarily come to England.
What are the categories of omissions?
- contractual duty
- special relationship
- Voluntary assumption of responsibility
- Duty through official statistics
- Creation of a dangerous situation/creating a chain of events
- statute/act of parliament
What is a contractual duty omission?
*R v Pitwood
- D was employed by a railroad company to operate the gate at a level crossing across the track. He lifted the gate to allow a cart to pass across but then failed to put it back down before going for his lunch break. During his absence a horse and cart crossed the track through the open gate and was hit by a passing train, both horse and cart rider were killed
- Court held that as D had been under a contractual duty to close this gate his omission to perform this obligation was capable of constituting the AR of murder. His duty had been breached with gross and criminal negligence.
What is a special relationship omission?
- R V Gibbins and Proctor
- Gibbins the father and proctor the mistress were convicted of murdering a 7 year old girl in their care after they allowed her to starve to death. Proctor hated the girl and had a history of abusing her. Gibbins gave money to proctor to kook after his children and claimed he thought the child was looked after. Gibbins appealed for his conviction of murder and claimed he could only be guilty for manslaughter
- Jury inferred he chose to ignore the girls condition due to his infatuation with Proctor. This was sufficient to conclude that Gibbins intended to cause the girl GBH which completed the men’s rea of murder
What is a voluntary assumption of responsibility omission?
- R V Stone and Dobinson
- The defendant (Stone and Dobinson) were a couple who took in the victims sister (s) as a lodger. S had severe disabilities being partially death and blind. D had learning difficulties. The victim became unable to care for herself. D made some efforts to care for her, bringing her food and washing her with the help of a neighbour. However the attempts were not sustained and inadequate and the victim passed away.
- Conviction of gross negligence manslaughter upheld as they had a duty of care
What is a duty through official position omission?
- R V Dytham
- D (a police officer) witnessed the victim being beaten and kicked to death by a bouncer outside a night club. D failed to intervene or request help and left the scene as his shift was due to end. D was charged with misconduct in a public office
- The court held that a police officer has a duty of care to all of society and must not fail to fulfil this duty by act or omission. The crime of misconduct in a public space can be committed via omission
What is a creation of a dangerous situation/creating a chain of events omission?
- R V Miller
- D was a vagrant who had spent the evening drinking before returning to the property where he was squatting. He fell asleep with a lit up cigarette in his hand which started a fire. D woke up and seeing the fire, took no steps to extinguish it but simply moved to sleep in another room. Eventually the whole house caught fire, causing over £800 worth of damage.
- D was liable for his omission to take any steps to put out the fire and convicted of arson
What is a statute/act of parliament in omissions?
- Road traffic Act 1988= it is an offence to not wear your seatbelt
