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Summary Actus reus notes
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Actus reus revision notes
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ACTUS REUSFramework = capacity – conduct – fault – defences
1) Actus Reus
physical conduct element of an offense – different from every offence; must always be present,
must be voluntary conduct
a) Conduct crimes: positive act OR failure to act/omission
a. Required proof
b. Act of an omission (where there’s duty situation)
b) Result crimes: producing a prohibited consequence/a result that is caused by an act or omission
a. Proof that defendant performed a particular act and that the act produced a certain result
(e.g: murder requires the act and dead victim)
c) Status offences: crime is committed when certain state of affairs exists/defendant is in certain
condition/defendant is of particular status
R v Larsonneur: prior fault not necessary
Winzar v Chief Constable of Kent: don’t need to be directly responsible for prohibited status
2) Omissions
No general duty to act positively for the benefit of someone else
R v Miller: Lord Diplock stated that damage can be caused by failing to take reasonable steps to
mitigate a danger created by one’s self.
- Positive duties interfere with our liberty to act as we wish
- Logic of result crimes = D caused prohibited result
- Policy reasons
No general duty however:
a) Special relationships -> R v Evans: although injection was voluntary act of victim, a duty to
take care of the victim was present, and breached by omission
R v Downes: parent didn’t call doctor
b) Assumption of responsibility -> direct taking care of an individual, indirect voluntary
assumption of responsibility
R v Instan: Failure to feed an ill person suffering from a disease -> death had been
accelerated due to neglect
c) Responsibility under contract -> R v Pittwood: “A man might incur criminal liability from a
duty arising out of contract”
d) Responsibility under statute -> where Parliament has included an omission to act within
definition of an offence
R v Lowe: failed to call doctor for ill 9-week-old child = s1(1) Children and Young Persons
Act 1933
e) Where D creates dangerous situation -> R v Miller: Drunk man falls asleep and sets fire to
the mattress and leaves the room to another = failed to minimise the dangerous outcomes of
his actions, eg: put the fire out, s1 criminal damage act 1971
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