Actus Reus Flashcards
What is Actus Reus?
- ‘Guilty act’
- Conduct element (doing part) of the crime
- Positive, voluntary act: can also be an omission or a state of affairs
Voluntary
- Committing actus reus must be voluntary
- Only considered involuntary where the accused was not in control of their own body
What are the three types crimes can be divided into?
- Conduct crimes (doing)
- Consequence crimes (result)
- State of affairs crimes (circumstances)
What are conduct crimes?
- What D does, no consequence required
- AR is the prohibited conduct itself, e.g simply drinking with too much alcohol in the blood
What are consequence crimes?
- AR must result in a consequence e.g assault occasioning ABH
- Without the consequence, the AR for s.47 is not complete
- Not enough if there is a consequence without an AR causing it
e.g consequence crimes
- Marchant v Muntz 2003
- Death happened but there was no act of dangerous driving so no crime committed
What are state of affairs crimes?
- Being there in the prohibited circumstances e.g in possession of a controlled drug (D doesn’t have to do anything with the drug)
- Possession is enough for the AR
e.g state of affairs crimes
Larsonneur 1933
- D deported Ireland to England, on arrival charge with being an ‘illegal alien’
- Conviction upheld despite the fact that she had not voluntarily come to England
What is an omission?
A failure to act
What is the general rule about omission?
Not liable for an omission unless under a duty to act
Who are statutory duties made by?
Parliament
Who create common law duties?
Judges
e.g statutory duties
- Failing to wear seatbelt/give breath specimen under Road Traffic Law 1988
- Failing to muzzle a dangerous dog in public under Dangerous Dogs Act 1991
- Neglecting a child under Domestic Violence, Crime and Victims Act 2004
What are contractual duties? (omission)
Arise through contracts of employment
e.g contractual duties
- Pittwood 1902
- Railway crossing keeper had duty to close the gates: caused a death so formed AR of mannslaughter
What is official position? (omission)
Usually related to public office
e.g official position
- Dytham 1979
- Police officer stood by while V was being beaten up
- D guilty for failing to perform his duty
What is special relationship? (omission)
Family member/guardian
e.g special relationship
- Gibbons & Proctor 1918
- Father starved his 7 year old daughter to death
- Had a duty to feed her: AR of murder
What is duty undertaken voluntarily? (omission)
Based on reliance, someone volunteering to look after/supervise someone else
e.g duty undertaken voluntarily
- Stone and Dobinson 1977
- Ds took in an elderly relative and failed to look after her
- Liable for her death
What is creating a dangerous situation? (omission)
If you create a dangerous situation, you have a duty to report the situation or aid it in some way
e.g creating a dangerous situation
- Miller 1983
- D failed to take steps to deal with fire he started
- Duty to call fire brigade, liable
