1. Actus Reus Criminal A2
2. What is Actus Reus It is the physical element of a crime. It can be:-
An act or
A failure to act (an omission) or
A state of affairs
Usually the Actus Reus will be something the defendant does but there are situations when a failure to act (omission) will be sufficient for the Actus Reus
State of affairs are where the defendant did not act voluntary. These cases are rare. Larsonneur (1933) usually strict liability offences e.g. in charge of vehicle under the influence of drink or drugs
3. Features of Actus Reus Must be a voluntary act
For some offences there must be a consequence of the act
E.g. Assault occasioning actual bodily harm (S47 offences against the person act 1861) most be some injury
4. Theft Act 1968
When a party appropriates property belonging to another.
In Common Law the AR of murder is the unlawful killing of a person in being under the Queens peace.
5. Actus Reus Each crime has its own actus reus laid down by Common Law or by statutes. All interpreted by judges (case law)
EG.
Offences Against a Person Act 1861 occurs where a person unlawfully wounds or causes grievous bodily harm to another.
6. Involuntary Manslaughter Can arise in many different ways. Two of the main ways are:-
Unlawful act manslaughter and
(can not be committed by omission Lowe 1973)
gross negligence manslaughter (can be committed by omission Stone V Dobinson 1977, must be a duty of care , omission failure to act.
7. Actus reus - Omissions Normal rule is that an omission cannot make a person guilty of an offence.
Exceptions
An act of parliament can create a liability for an omission e.g. Offence of failing to report a road traffic accident, Failing to provide a breath specimen
Other countries have Good Samaritan Law e.g. Paris-Press Princess Diana
Omission is only Actus Reus where there is a duty to act. Five ways this duty arises:
A contractual duty- Pittwood (1902)
A duty because of a relationship Gibbins and Proctor (1918)
A duty which has been taken non voluntarily Stone and Dobinson (1977)
A duty through ones of official position Dytham (1979)
A duty which arises because the defendant has set in motion a chain of events Miller (1983)
8. An Omission In English law- no good Samaritan law but a person can be found to be criminally liable because he has failed to act where he has a duty to act.
A famous case highlighting this is:
Pittwood (1902)
A railway employee opened a level crossing to let a cart pass across the railway line, but had failed to shut the gates before going to lunch. A few minutes later; a passing train hit a cart crossing the track and the driver of the hay cart was killed immediately. The railway employee was found guilty of manslaughter.
9. General rule relating to Omission Normally in English law- a person will not be found to be criminally liable just because he has failed to act.
There are however limited exceptions to this rule!
There are 5 situations at common law where there is a duty to act and therefore a failure to act (omission) creates liability:
10. Omission
