actus reus and omission

Question 1

what is actus reus

Answer 1

physical element of a crime

Question 2

general rule for actus reus

Answer 2

The act or omission must be voluntary on the part of the defendant

Question 3

Hill v Baxter 1958 result

Answer 3

The judge said this did not count as an ‘involuntary action’, but that the following could cause an involuntary reaction whilst driving:
Heart attack
Being attacked by a swarm of bees
Being hit on the head by a stone
‘trance-like’ state was his fault as he should have taken a break wehn driving

Question 4

what counts as an involuntary action

Answer 4

reflex action
muscle spasm
sneezing
a pushes person b who knocks into c

Question 5

how is actus reus proven in a criminal case

Answer 5

Forensics / DNA / Fingerprints
CCTV
Witnesses
Confessions (if true!)
Experts (medical / ballistics)

Question 6

how is mens rea proven in criminal cases

Answer 6

Explanations given at trial – by defendants, victims and witnesses

Question 7

types of actus reus

Answer 7

Conduct Crimes
Consequence (Result) Crimes
Circumstance Crimes

Question 8

conduct crime

Answer 8

These are crimes where the actus reus – the guilty action required – is the prohibited conduct itself

Question 9

example of act

Answer 9

s.170 Road Traffic Act 1988
It a criminal offence to fail to stop at the scene of an accident
Merely driving away from an accident you caused, is an offence

Question 10

Consequence (‘Result’) Crimes

Answer 10

a crime which causes or results in specified consequences. For example, murder requires proof that someone is killed. F

Question 11

example of act

Answer 11

s.47 Offences against the Person Act 1861
There must be an application or threat of unlawful force which results in ‘actual bodily harm’ - an injury must occur to V.
Without the injury there can be no crime

Question 12

Circumstance (‘State of Affairs’) Crimes

Answer 12

These are crimes where the actus reus exists when a ‘state of affairs’ exists – meaning a particular set of circumstances. These usually involve ‘being’ something rather than ‘doing’

Question 13

example of act

Answer 13

s.1 Prevention of Crime Act 1953
The crime is being in possession of a weapon in a public place
D does not have to do anything with the weapon, nor does it have to be visible. It is enough that he has it with him in a public place

Question 14

actus reus cases (2)

Answer 14

Winzar v Chief Constable of Kent 1983
R v Larsonneur 1933

Question 15

Winzar v Chief Constable of Kent 1983

Answer 15

D was moved by police out of a hospital and onto the highway.
He was then charged with ‘being drunk on the highway’.
He was guilty even though he was not there voluntarily.

Question 16

R v Larsonneur 1933

Answer 16

D was deported to England by Irish authorities against her will. She was a French citizen.
She was then charged with ‘being an illegal alien’.
She was guilty even though she was not in the UK voluntarily.

Question 17

what is an omission

Answer 17

failure to act

Question 18

general rule for omission

Answer 18

an omission cannot make a person guilty of an offence

Question 19

otherwise/other situation…(omissions)

Answer 19

An omission is only sufficient for the actus reus where there is a duty to act.
This duty is only created in certain special situations, known as the exceptions to this general rule

Question 20

duty by statute
1 examples of acts

Answer 20

When an Act of Parliament requires you to act, failing to do so will make you guilty
s.19 Terrorism Act (disclose information)

Question 21

duty by special relationship
1 case examples

Answer 21

Parents and Children
Husbands and Wives
R v Downes (religious father did not get medical help for son)

Question 22

duty by contract
1 case examples

Answer 22

When you are contractually obliged to be responsible for others – usually through a contract of employment (e.g. lifeguard, NHS)
DPP v Adomako(anaesthetist and oxygen tube)

Question 23

duty by creation of dangerous situations
2 example cases

Answer 23

If you have created a dangerous situation you have a responsibility to deal with that – e.g. if you start a fire, call 999
R v Miller (homeless man, cigarette and mattress)
DPP v Santana-Bermudez (police search & needle in pocket)

Question 24

duty by official position
1 case example

Answer 24

When you hold an official position, you have a responsibility to look out for those for whom you are responsible
R v Dytham (police officer watched man get beat up)

Question 25

duty by voluntary assumption
1 example cases

Answer 25

If you have voluntarily accepted the responsibility to care for someone else, you must actually care for them, otherwise you will be guilty of an offence
R v Instan(Lived with aunt for 12 days without feeding her)