actus reus and omission Flashcards
booklet 2
what is actus reus
physical element of a crime
general rule for actus reus
The act or omission must be voluntary on the part of the defendant
Hill v Baxter 1958 result
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
what counts as an involuntary action
reflex action
muscle spasm
sneezing
a pushes person b who knocks into c
how is actus reus proven in a criminal case
Forensics / DNA / Fingerprints
CCTV
Witnesses
Confessions (if true!)
Experts (medical / ballistics)
how is mens rea proven in criminal cases
Explanations given at trial – by defendants, victims and witnesses
types of actus reus
Conduct Crimes
Consequence (Result) Crimes
Circumstance Crimes
conduct crime
These are crimes where the actus reus – the guilty action required – is the prohibited conduct itself
example of act
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
Consequence (‘Result’) Crimes
a crime which causes or results in specified consequences. For example, murder requires proof that someone is killed. F
example of act
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
Circumstance (‘State of Affairs’) Crimes
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’
example of act
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
actus reus cases (2)
Winzar v Chief Constable of Kent 1983
R v Larsonneur 1933
Winzar v Chief Constable of Kent 1983
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.
R v Larsonneur 1933
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.
what is an omission
failure to act
general rule for omission
an omission cannot make a person guilty of an offence
otherwise/other situation…(omissions)
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
duty by statute
1 examples of acts
When an Act of Parliament requires you to act, failing to do so will make you guilty
s.19 Terrorism Act (disclose information)
duty by special relationship
1 case examples
Parents and Children
Husbands and Wives
R v Downes (religious father did not get medical help for son)
duty by contract
1 case examples
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)
duty by creation of dangerous situations
2 example cases
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)
duty by official position
1 case example
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)
duty by voluntary assumption
1 example cases
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)
