The guilty act that must be committed for a crime to have been committed
There has to be an actus reus for a crime to have been committed. So, although a mens rea may exist, unless a guilty act (doing it/planning it) is actually carried out, there is no guilt or offence committed.
Actus Reus
Murder: The act of causing the death of another person
Theft: The act of appropriating items that belong to another
Common Assault: The act of causing another to apprehend immediate unlawful force
Criminal Damage: The act of destroying or damaging property belonging to another
Voluntary Act
The actus reus must be voluntarily (by choice) done by the accused person
Bratty v Attorney-General for Northern Ireland [1963] AC 386
- The defendant strangled a woman and argued he suffered from psychomotor epilepsy and was not aware of his actions
The court decided that an act is not involuntary just because the person does not remember it or can't control the impulse to do it - the person must be genuinely out of control
Omission
A failure to act when a duty to act could be implied, and the consequence is that the prohibited result occurred
Phoebe sees Tyler fall into a canal and does not help, while Samir tries but cannot reach him
- Samir and Phoebe may be under a moral duty to act as Good Samaritans, but legally they are only required to act in 5 recognised situations
In many European countries, failing to act as a Good Samaritan is a criminal offence, but in England there is no general duty to act
Duties to Act
- Duty arising out of contractual liability
Duties imposed by statute law (the law of Parliament)
Duty arising from the assumption of care for another
Duty arising from the creation of a dangerous situation
