Actus Reus and Omissions

    Cards (23)

    • Voluntary and Involuntary Acts
    • General Rule: the act or omission must be voluntary on the part of the defendant
    • Hill v Baxter 1958:
      If D has no control over his actions - not committed actus reus.
      This case involved lorry driver who claimed to be acting involuntarily when he caused on accident as he was in 'trance-like state'
      Judge said this did not count as 'involuntary action', but that the following could cause involuntary reaction whilst driving:
      • heart attack
      • being attacked by swarm of bees
      • being hit on head by stone
    • Examples of Voluntary Acts:
      • running
      • dancing
      • breathing
      • writing
    • Examples of Involuntary Acts:
      • heart beating
      • reflex actions
      • sneezing
    • Actus Reus and Mens Rea:
      How Actus Reus proven in criminal case?
      • Forensics/ DNA/ Fingerprints
      • CCTV
      • Witnesses
      • Confessions
      • Experts (medical/ballistics)
    • Actus Reus and Mens Rea:
      How is Mens Rea proven in criminal case?
      • explanations given at trial - by defendants, victims and witnesses
    • The actus reus is 'doing' element of a crime. Can have wider meaning that just a guilty 'action'.
    • Actus Reus can come in three forms:
      1. Conduct Crimes
      2. Consequence (Result) Crimes
      3. Circumstance Crimes ('State of affairs')
    • Conduct Crimes --> are crimes where actus reus is prohibited conduct itself
      s.5(a) Road Traffic Act 1988:
      • a criminal offence to drive whilst over alcohol limit
      • merely by driving with excess alcohol in your bloodstream is offence, no consequence (injury/ accident) required
      s.170 Road Traffic Act 1988:
      • 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 --> are crimes where actus reus must also result in consequence before it can be crime.
      s.47 Offences against Person Act 1861:
      • must be application or threat of unlawful force which results in 'actual bodily harm' - injury must occur to V.
      • without injury there can be no crime
    • Circumstance ('Stance of Affairs') Crimes --> are crimes where actus reus exists when 'state of affairs' exists - meaning particular set of circumstances. Usually involve 'being' something rather than 'doing'
      s.1 Prevention of Crime Act 1953:
      • crime being in possession of weapon in public place
      • D does not have to do anything with weapon, nor does it have to be visible. Is enough that he has it with him in public place.
    • Circumstance ('State of Affairs') Crimes - may involve being found guilty even though 'state of affairs' the defendant has found themselves in has not occurred voluntarily.
    • Winzar v Chief Constable of Kent 1983:
      • D was moved by police out of hospital and onto highway.
      • was then charged with 'being drunk on highway'
      • was guilty even though he was not there voluntarily
    • R v Larsonneur 1933:
      • d was deported to England by Irish authorities against he will. Was French citizen.
      • was the charged with 'being an illegal alien'
      • was guilty even though she was not in UK voluntarily
    • Omissions:
      General Rule - omission cannot make a person guilty of an offence
    • an omission is failure to act. While general rule holds that an omission cannot make person guilty of offence. Are exceptions to this rule
    • An omission only sufficient for actus reus where there is duty to act.
      Duty is only created in certain special situations.
    • Omissions:
      • Statutory duty
      • Special relationship
      • Contractual Duty
      • Voluntary assumption of responsibility
      • Creation of a dangerous situation
      • Official position
    • Duty by Contract:
      • when you are contractually obliged to be responsible for others - usually through contract of employment (e.g. lifeguard, NHS)
      • R v Pittwood (gate at level crossing)
      • DPP v Adomako (anesthetist and oxygen tube)
    • Duty by Creation of a Dangerous Situation:
      • if you have created dangerous situation you have responsibility to deal with that - e.g. if you start fire, call 999
      • R v Miller (homeless man, cigarette and mattress)
      • DPP v Santana -Bermudez (police search and needle in pocket)
    • Duty by Official Position:
      • when you have hold an official position, 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 of Care:
      • if you have voluntarily accepted responsibility to care for someone else you must actually care for them, otherwise you will be guilty of offence
      • R v Stone and Dobinson (Aunt Fanny died of malnutrition)
      • R v Instan (lived with aunt or 12 days without feeding her)
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