Element Of An Offence Flashcards
Define actus reus and state the 6 ways an act can be classified as actus reus
Actus reus simply means a guilty act, and it makes up the physical element of an offence. An act can be classified as actus reus if:
1. An act of omission
2. An act of omission under surrounding circumstances
3.
What in the principle of voluntariness in actus reus
The person who commits the offence must have done it out of free will.
It is was involuntary, the person who cause the involuntary agent to commit the crime will be liable as provided in section 13(1) of Act 29. This is seen in the case of R v Michael
What does section 47 of Act 29 says in relation to actus reus
Section 47 Act 25 Definition of Murder A person who intentionally causes the death of another person by an unlawful harm commits murder unless the murder is reduced to manslaughter by reason of an extreme provocation or any other matter of partial excuses as it is mentioned in Section 52.
How does the case of R v Charlson make an expection to Actus Reus
the accused struck the head of his son with a mallet causing him
grievous bodily harm. The accused pleaded that his
acts were involuntary and were attributable to the history of cerebral illness in his family. It was
recognised that
…in the case of certain diseases, a person suffering from the disease may be deprived of the control of his actions. A man in the throes of an epileptic fit does not know what he is doing. If a friend bends over to assist him, and in the midst of his fit the epileptic grips that friend by the throat, not knowing what he is doing, and in so doing throttles the friend and causes his death, no offence has been committed against the
criminal law; because the actions of an
epileptic are automatic and unconscious
and his will or consciousness is not applied to what he is doing…
When a person pleads that his acts were involuntary,
the courts examine such claims based on the facts
and arrive at a decision. See the case of Nkyifie v R.
Explain with the aid of legal authorities 2 instances where an omission constitutes a crime
- Statutory duty :
Authorities- - Duty of prevent harm imposed by a contract
Authorities- Section 78(b),
R v Pittwood- the accused was employed by a railway company with a duty to
operate the gate at a level. This was meant to prevent
accidents from happening and causing harm to others.
The accused had opened the gate for a cart to pass, but failed to close it and went on his lunch break. In his
absence, a man passed the gate with his horse, and both were killed. On a prosecution for murder, the court held that his failure to perform the duty of closing the gate, an omission, could constitute the actus reus for murder. Thus, the accused, by failing to close the level gate, an omission, was deemed to have caused harm by omission because he was under a contractual
obligation to act to prevent such harm.
Explain with the aid of legal authorities another instance where an omission constitutes a crime
- Duty of prevent hand imposed by a public duty: Rule:
If a person is under a public duty to act to prevent
harm, failure to act to prevent such harm is a criminal
omission.
Explanation of Rule:
Certain persons, such as police officers, have public duties to act to prevent harm, and failure to perform such duties, means they caused harm by omission.
In the case of R v Dytham, a police officer failed to defend a man being assaulted and was convicted of misconduct for his failure to act. Thus, whilst an
ordinary citizen would not be legally required to prevent an assault on another, a police officer would be
legally required to prevent such harm, and failure to do so constitutes causing harm by omission.
Explain with the aid of legal authorities another instance where an omission constitutes a crime
