Actus Reus Flashcards
case facts of Drury v HMA and the defence relevant
- A killed his ex-partner with a hammer
- argued a defence of provocation
- Held that he didn’t demonstrate the mens rea to murder
case facts of Galbraith v HM Advocate and the defence relevant
- Accused found guilty of murder of husband
- claimed diminished responsibility, which was accepted as the ground for retrial
what is the key rule in regards to the actus reus
that it must exist in all crimes
what is a result crime
Harm from the conduct defines the crime
case for result crime and facts
- Hogg v McPherson
- Payment sought for the cost of damage caused by an accident
- Court held the accused was not negligent and not responsible for harm caused
- No crime was committed
what is a criminal omission
Offence consists in a failure to do something when required
what is Crime of Commission by Omission
These omissions are distinguished by the ‘result’ caused by the omission
Failure to act in a duty arising from relationship
- Gibbins and Proctor (starvation)
- Bone v HMA
Under contract
Bonar and Hogg v MacLeod
Duty to remove danger that has been created
MacPhail v Clark
Limits of responsibility for omission
Paterson v Lees
what does it mean by being under a contract
Duty of care may arise when an accused has assumed a duty under contract, or has a public duty to undertake certain duties and fails to do so
what does it mean by Duty to remove danger that has been created
If a person accidently commits an act that causes harm and then becomes aware of a danger created, there is a duty to act reasonably to avert that danger
what does Limits of responsibility for omission look at
Does DOC to children extend beyond parents
case facts of Charlotte Smith
- no DOC
- V was a servant and the owner failed to provide adequate food and lodging for her, resulting in her death
- The owner wasn’t criminally responsible for the harm
- As the servant, by free will, chose to stay where bad food and lodging was provided
- owner didn’t owe her a duty of care and thus wasn’t criminally responsible
what is the contrasting case of Charlotte Smith and facts
- R v Instan
- accused was guilty of commission by omission crime and voluntarily adopted a duty to care for the victim, thus being criminally liable for harm resulted
held in R v Russell 1933
accused should have taken all reasonable steps to prevent the commission of the crime
case facts of R v Smith 1979
- Pregnant woman refused to see a doctor
- Baby was still born, mother became ill and refused to see a doctor, leading to her death
- Husband charged with manslaughter but acquitted
- Wife made her choice and husband was released from DOC
what are the three types of actus reus
- Acts/ conduct that the law recognises as criminal and seeks to prevent
- Acts of omission
- State of Affairs
what does Criminal liability relate to
number of statutory and common law offences that can only be committed when a certain state of affairs exist, or where an accused is in a certain situation
case facts of Larsonneur 1934
- Charged with illegal entry into the UK but the circumstances were not of her doing
- Police created the situation that she found herself in
- But she was held liable and found guilty
case facts of O’Sullivan v Fisher
- Accused charged with being unlawfully drunk in a public place and thrown out of a pub
- Court asked to consider if the accused was forced into the street against his will and should the court take account how he came to be in this ‘state of affairs’
- decided to be NO
what must the act or omission be where the actus reus of a crime exists in an act or in an omission
- ‘Voluntary’
- ‘Willed’ by and within the control of the accused
what is Involuntary Conduct
A person cannot be held responsible for conduct which would otherwise amount to an actus reus of a criminal act but which is ‘involuntary’
case for involuntary conduct and what does it say
- Bratty v AG for Northern Ireland
- ‘no act is punishable if it is done involuntarily’
- Involuntary act; an act done by the muscles without any control of the mind
define Caveats
- An act is not to be regarded as involuntary just because the person doing the act doesn’t remember it
- Nor is an act involuntary because it’s unintentional or its consequences are unforeseen
what are overt acts
A person can’t be held responsible for conduct which is ‘involuntary’
what happens if a person commits what would be the actus reus of a crime, but does so in a state of unconsciousness
- requisite mens rea is absent
- the courts will look at how the ‘state of affairs’ came about
Case example and case facts for State of Unconsciousness
- Simon Fraser 1878
- Killed his son whilst dreaming that he was being attacked by a beast
- Admitted the killing but claimed he was unconscious at the time and couldn’t be held responsible
- NOT GUILTY
what is Automatism
- Concerned with involuntary actions carried out by the accused
- The accused would not have carried out those actions had it not been for some other ‘factors’ which impaired their ability to control their actions
what is the tests for automatism
‘It must have resulted in a total alienation of reason amounting to a complete absence of self-control’ - an absence of self-control
what is the case and the facts for automatism due to an external factor
- Ross v HM Advocate
- Found guilty on 7 charges of murder
- Drugs were put in his drunk and he had no knowledge of this
- He was incapable of forming the requisite mens rea
- Conviction overturned
what is the case and the facts for automatism due to an internal factor
- HM Advocate v Ritchie
- Charged with causing death by reckless driving
- Special defence of temporary mental dissociation
