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week 2
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Lecture notes of 3 pages for the course Criminal Law at UoW (actus reus)
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What is a crime?- each crime requires an actus Reus
- Not all crimes require a men’s rea (the guilty mind) - these are called crimes of Christ liability
- However, when a men’s rea is required you nee the actus Reus and men’s rea to occur at the same
time (Fagan v Metropolitan Police Commissioner)
Maxim; Actus non facit Reum, nisi mens sit rea
- properly translated this means
- “An act does not make a man guilty of a crime, unless his mind be also guilty”.
- It is thus not actus which is “Reus” but the man and his mind respectively
- Lord Hailsham, in Haighton v Smith [1975]
What does an actus Reus look like?
- the defendants physical conduct ; e.g. drunk and disorderly
- The circumstances surrounding what happened e.g. possession of an offensive weapon
- The result caused by defendants actions e.g. murder (the offence is only made out if the victim
subsequently dies)
Can an actus Reus be an omission?
- under English law, there is no general duty to act
- Five exceptions - under these circumstances, an omission may result in an actus Reus
- Contractual duty
- Special relationship between the defendant and the victim
- Voluntary assumption of responsibility
- Statutory duty
- Creation of a dangerous situation
Contractual duty
- a dut may be imposed by a crime of a contract - this will often be an employment contract
- Pittwood [1902] - defendant had a duty to act through his employment contract
Special relationship;
- dependant upon the relationship between te defendant and victim, the law may impose a duty to act
- Under defined circumstances, particularly parent and child relationships
- Can also include a fiduciary duty
- Gibbins and Proctor (1918)
- But does not extend as far as siblings - Evans [2009]
- Airedale NHS trust v Bland [1993]
- Be careful with this case - there was no contractual duty between the doctor and patient, but contained
contractual elements
Voluntary Assumtion of Responsibility
- a duty may arise if one person has assumed a responsibility for another - extension of the special
relationship
- Can be express or implied
- Nicholls (1874)
- Stone and Dobinson (1977)
- Ruffle (2003)
Statutory Duty
- some statutory duties require a general duty requiring individuals to carry out certain activities and
failure to adhere would result in criminal liability
- E.g; after having a car accident, you are required to report the accident to the police within 24 hours
- However; certain individuals may be under a public duty to act if they hold a position of authority
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