Actus reus (Including Omissions) Q1 Flashcards
All crimes have two elements which must be proved for a defendant to be guilty..
What are they?
Mens rea + Actus reus
This must be proved by who?
The prosecution
What is the standard of proof?
Beyond reasonable doubt
What does Actus Reus mean?
Physical element
Guilty Act
How is an Actus Reus defined?
‘Separately for each offence as either POSITIVE VOLUNTARY ACT, a FAILURE TO ACT (OMISSION), a STATE OF AFFAIRS, or a combination of these
Positive Voluntary Act
The simplest case is where the Actus Reus is a positive voluntary act.
The Act must be voluntary on the part of the defendant I.e. It must be freely willed. If a defendant acts involuntarily the Actus Reus can’t be established and therefore D would be not guilty.
Case for Positive Voluntary Act
Hill v Baxter (1958)
Driver fell asleep behind the wheel and ran over someone. He argued he was not in control of his actions as he was asleep.
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What is an Omission?
An omission means a failure to act
No legal duty to act unless you are under a legal duty to do so.
What are the exceptions to the general rule of omission?
1- A duty to act which has been taken on voluntarily
2- A duty to act due to a person’s contractual agreement
3- A duty to act due to public position
4- A duty to act due to a special relationship
5- A duty to act which arises as d has set in motion a chain of events which creates a dangerous situation
Case for taken on voluntarily
R v Stone and Dobinson
- Ds offered to look after a sick relative however they did not feed her or get medical help for her and she died. As they had volunteered to take care of her they had assumed a duty of care and their failure resulted in Vs death which they were liable for.
Case for contractual agreement
R v Pittwood
-D was employed on a level crossing to open and close the gate. On one occasion he failed to close the gate at the railway crossing and V was hit by a train and died. D was liable for his failure to act which resulted in Vs death as he owed a duty through his employment contract.
Case for public position
R v Dytham
-Failed to act upon a brawl at a night club in which someone died.
Case for special relationship
R v Gibbins and proctor
-the parents deliberately failed to feed their child or look after her and as a result she died. It was held they owed a duty of care as result of being Vs parents and when they intentionally failed to feed or look after V they were liable for her murder.
Case for set in motion a chain of events which creates a dangerous situation
R v Miller
-D was sleeping on a mattress which he accidentally set on fire with his cigarette. When he realised what he had done he simply left the mattress on fire and went to another room. D was liable for the fire because although starting it was accidental, he then failed to take reasonable steps to put it out or get help. As he created a dangerous situation and failed to get help for it he owed a duty of care.
