Actus Reus: The Conduct Element Flashcards
Define actus reus and mens rea
Actus reus: the conduct element of the offence. The actus reus describes what the defendant must be proved to have done (or something failed to do), in what circumstances, and with what consequences in order to be guilty of a crime.
Mens rea: the mental element of the offence. This may be, for example, intention, recklessness, or negligence.
Please distinguish between conduct crimes and result crimes
1) conduct crimes require proof only that the defendant did an act. There is no need to demonstrate that the act produced a particular result. Possession of prohibited drugs would be an example.
2) result crimes require proof not only that the defendant performed a particular act but that the act produced certain results. For example, murder requires proof that the defendant’s act caused the death of the victim.
Please define the term ‘voluntary act requirement.’
The ‘voluntary act requirement’: many criminal offences require proof that the defendant performed a voluntary act. But not all do: sometimes offences can be committed by an omission, some only require proof of a state of affairs, and sometimes a defendant can be convicted in respect of the actions of another.
Please define the term ‘omissions.’
A summary of the criminal law on omissions: a defendant is only guilty of a crime when failing to act, where he or she is under a duty to act
Some crimes cannot be committed by omission - please expand on this, using the case of Ahmad as an example.
There are certain crimes that cannot be committed by an omission. These are statutory crimes which in their definition require an act to be committed. For example, in Ahmad (1986) 52 P & CR 346 (CA) the D was charged with an offence under the Prosecution from Eviction Act 1977 which required proof of the D ‘doing acts calculated to interfere with the V’s peace and comfort.’ The D, a landlord, failed to carry out alterations on the victim’s house and this left the premises uninhabitable, thereby interfering with the tenant’s peace and comfort. The failure to carry out the alterations was not an ‘act’ and so the landlord was not guilty of the offence.
Define statutory duty
When the defendant is under a duty to act: statutory duty - there are a large number of statutory duties requiring people to act in a particular way. For example, under section 6 of the Road Traffic Act 1988 a driver who fails to provide a sample of breath when required to do so by a constable under certain circumstances commits a criminal offence.
Define the term ‘duties of law enforcement’
When the defendant is under a duty to act: ‘duties of law enforcement’ - police officers are under a duty to assist members of the public in danger. So, a police officer who failed to protect a citizen who was being kicked to death was held to have committed an offence. Further, if a police officer calls upon a citizen to assist him or her to restore the peace, the citizen is under a duty to offer the assistance.
Define the term ‘contractual duty’
When the defendant is under a duty to act: ‘contractual duty’ - where a person is under a contractual duty to help another he or she may be under a duty under criminal law to do so. For example, in Pittwood (1902) the defendant was employed as a gatekeeper on a railway line. One day he failed to perform his duties and did not close the gate when required. This led to an accident in which a train hit a cart and a man was killed. It was held that he could be liable for manslaughter because he was required under his contract of employment to ensure that the gate was shut. His omission, in failing to shut the gate, was in breach of his contractual duty and so could constitute a criminal offence.
