Actus Reus

Question 1

What is the actus reus?

Answer 1

• The conduct of the accused (factual/external element)

Question 2

What happened in Bratty v AG of NI 1963?

Answer 2

• D convicted of murder V by strangulation
• D argued a “terrible feeling” came across him and he suffered a “blackout” and had no recollection
  APPEAL
• Argued by D that trial judge should have left defence of automatism to jury as it was for Prosecution to determine whether D’s acts were voluntary
• Lord Denning made clear that the requirement of the act to be voluntary was essential in every criminal case
• D’s appeal dismissed as it was not automatism but insanity to be argued as he suffered from internal factor of diseased mind

Question 3

What is the general principle in respect of omissions in UK law?

Answer 3

No liability for failing to act

Question 4

What may be the exception to general rule on omissions?

Answer 4

• Where a person is under a duty to act they must act in a reasonable way

Question 5

Does the actus reus require some positive act by D?

Answer 5

NO
- Lord Diplock stated the term “actus reus” is misleading as it suggests a positive action need be taken when that is not the case?

Question 6

When may a defendant be under duty to act?

Answer 6

• Statutory duty
• Duties of law enforcement
• Contractual duty
• Assumed duties

Question 7

Give an example of statutory duties to act in which omitting to them would amount to criminal liability?

Answer 7

• Road traffic act: duty to prove breath sample to law enforcement officer
• Children and young persons act 1933: must not neglect or abandon a child in manner likely to cause unnecessary suffering or injury to health

Question 8

What happened in R v Pittwood 1902?

Answer 8

• Example of contractual duty amounting to criminality
• D was a railway crossing keeper
• One day he failed to perform his contractual duty of closing the gate to the railway
• Result was a cart crossing and hit with train where one man died
  HELD
• D was held liable and convicted of manslaughter
• His omission of failing to close the gate breached his contractual duties and he was liable under the criminal law

Question 9

What are assumed duties?

Answer 9

• where a person who voluntarily assumes responsibility for another’s welfare will be under a duty to care for him/her

Question 10

What are the difference between expressed and implied assumed duties?

Answer 10

• Expressed are where a person may explicitly agree to look after person e.g. a vulnerable person
• Implied where a person has regularly offered assistance and therefore there is a mutual understanding of responsibility

Question 11

What happened in R v Miller 1983?

Answer 11

• Creation of danger and omission from trying to resolve such danger amounted to criminal liability
• D had fallen asleep in a drunken state with a lighten cigarette
• He awoke to his mattress aflame as a result of the cigarette
• D took no steps to have flame extinguished and subsequently moved to a neighbouring room
• He was convicted of arson
  APPEAL
• Dismissed on the grounds that he was liable for creating a dangerous situation and his omission in failing to have it extinguished created criminal lability as such