actus reus

• What does actus reus mean?

  Guilty act
• What does mens rea mean?

  Guilty mind
• What is the relationship between actus reus and mens rea?

  AR + MR = criminal act/liability
• How does actus reus change?

  It varies according to the nature of the offence
• What do most crimes require from the defendant?

  A certain act to be committed
• What can liability arise from besides a direct act?

  An omission or circumstances of the defendant
• What are the two types of crimes related to actus reus?

  1. Conduct crimes:

  • AR is the prohibited conduct
  • Example: murder (shooting, strangling, hitting)

  1. State of affairs crimes:

  • AR is 'being' rather than 'doing'
  • Example: circumstances the defendant is in
• What does murder require in addition to actus reus?

  A consequence
• What is the significance of voluntary action in actus reus?

  AR must be carried out voluntarily
• What happened in Leicester v Pearson 1952?

  The defendant was not guilty due to reflex action
• What are the types of omissions that can constitute actus reus?

  1. Duty arising from public office

  • Example: R v Dytham 1979

  1. Duty under a contract of employment

  • Example: R v Pittwood 1902

  1. Duty undertaken voluntarily

  • Example: R v Stone + Dobinson 1978

  1. Duty arising through a relationship

  • Example: R v Gibbins + Proctor 1918

  1. Duty arising where D creates a dangerous situation

  • Example: R v Miller 1983
• What was the outcome of R v Dytham 1979?

  The officer was guilty of misconduct
• What was the duty of the gatekeeper in R v Pittwood 1902?

  To keep the gate closed at the crossing
• What was the consequence of the gatekeeper's omission in R v Pittwood 1902?

  A hay cart driver was killed
• What was the outcome of R v Stone + Dobinson 1978?

  They were guilty of manslaughter
• What duty did G have in R v Gibbins + Proctor 1918?

  Duty of care as N's father
• What was the outcome of R v Miller 1983?

  Guilty of arson for failing to act
• What was the damage value in R v Miller 1983?

  £800
• What are the key cases related to omissions in actus reus?

  • R v Dytham 1979: Duty from public office
  • R v Pittwood 1902: Duty under employment contract
  • R v Stone + Dobinson 1978: Voluntary duty
  • R v Gibbins + Proctor 1918: Duty through relationship
  • R v Miller 1983: Duty from creating danger