Summary
Summary Actus Reus - criminal law notes
- Course
- Institution
- Book
A breakdown of Actus Reus and how it is applied including key cases and case facts presented in a colourful format
[Show more]
Connected book
Book Title:
Author(s):
- Edition:
- ISBN:
- Edition:
More summaries for
-
Criminal Law Actus Reus Lecture Notes
-
homocide - manslaughter
-
homocide - murder and partial defences to murder notes
Seller
Follow
milliegraham03
Content preview
Topic 2 CL – Actus ReusStructure of offences
R “actus non facit nisi mens sit rea”
o An act does not make someone guilty unless the mind is also guilty
o Actus reus: ‘guilty act’ (external element)
o Mens rea: ‘guilty mind’ (internal element)
R Exception: strict liabilities offences e.g. driving without insurance
R Defenses e.g. self defense
Terminology
Conduct crime = requires and act or omission to take place In certain circumstances
Circumstances = depend on the event in question, where conduct needs to take place in
certain circumstances is called conduct crime e.g. rape.
Result crimes = there must be an act or omission taking place in prescribed circumstances
which also bring about a prescribed result e.g. murder – cannot be guilty for murder if the
person isn’t dead.
Voluntary acts
R Free will Is in operation, positive will to act.
R Bratty v A-G for Norther Ireland [1963] AC 386 - requirement that it is a voluntary
act is essential in every case.
R Automatism: involuntariness and/or unconsciousness? Hill v. Baxter [1958] 1 QB
277 e.g. D being in a daze due to a bang on the head.
R situational/ ‘state of affairs’ offences?
o Winzar v. Chief Constable of Kent (1983) unreported,
o The Times, 28 March; R v Larsonneur (1934) 24 Cr App R 74.
R Offences of possession? No requirement of voluntary act or omission to act. Dilutes
requirement for voluntary act.
o Misuse of Drugs Act 1971, s.5(2)
Distinguishing between acts and omissions
R Fagan v. Metropolitan Police Commissioner [1969] 1 QB 439.
R Airedale NHS Trust v. Bland [1993] AC 789
, o Lord Goff tried to distinguish between positively ending someone’s life and
withdrawing life sustaining treatment.
o House of lords allowed withdrawal of treatment as they decided this was an
omission, not murder which would be a positive act.
Actus Reus – Omissions
Omissions: liability?
R Principle: no general liability for omission to act.
R Contrasts with other countries: no “bad Samaritan’ laws.
R Necessity of a duty to act.
Statutory/ contractual duty to act
R Statutory duty: e.g s.6 of the Road Traffic Act 1988
o Criminal offence when stopped by police officer and asked to give breath
& not providing.
o Contractual duty: R v. Pitwood (1902) 19 TLR 37
D went on lunch leaving railway line open and cart went across an
got hit killing the driver.
It was his duty to shut the barrier, brings criminal liability with
death of driver and contractual duty of his job.
Nature of Relationship
R R v. Gibbins and Proctor (1918) 13 CR App R 134. – parents duty to child.
R R v. Sheppard (1862) Le & Ca 147.
R R v. Hood [2003] EWCA Crim 2772
R R.v Smith (1826) 172 ER 203 – siblings don’t have duty to act.
R R v. Evans [2009] EWCA Crim 650. – step siblings have a duty to act.
R R v. Adomako [1995]. 1 A.C 171. – doctors have duty to act in relation to their
patients.
R R v. Stone and Dobinson [1977] QB 354 -
Endangerment
R R v. Miller [1983] 2 AC 161
o Accidentally set mattress on fire in a house but then moved into a different
room rather than putting fire out.
o Convicted for Arson, it was an omission to act as once his mens rea formed
he didn’t act.
R R v. Evans [2009] EWCA Crim 650
2
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller milliegraham03. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $0.00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
77254 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now