Actus Reus and Omissions

• 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)