Actus Reus

• Actus reus is the physical element of a crime : 'criminal act'
• Leicester v Pearson [1952]


  D acquitted for involuntarily hitting a pedestrian on a zebra crossing
• What is an omission?

  a failure to fulfil a legal obligation
• What is the general rule on omissions?

  there is no liability for failure to act
• What is the exception to the general rule on omissions?

  A person is liable if they have a legal duty to act and they fail to do so
• R v Pittwood [1902]


  D omitted to lower the railway gate, duty from contract
• R v Gibbins and Proctor [1918] 


  Ds failed to care for child, duty from relationship
• R v Stone and Dobinson [1977] 


  Ds failed to care for elderly sister, duty from a voluntary assumption of responsibility (VAR)
• R v Dytham [1979]


  D failed to intervene fight, duty from position in public office
• R v Miller [1983] 


  D failed to put out the fire, duty from creating a dangerous situation
• Involuntary action

  an act which is done by the muscles without any control by the mind, such as a spasm, a reflex action or a convulsion
• Bratty v Attorney General for Northern Ireland [1964]


  Lord Denning defines involuntary action
• Hill v Baxter [1958]


  The judges gave 3 examples of involuntary action while driving
• Involuntary action while driving

  1. swarm of bees
  2. heart attack or fit
  3. hit on head with stone