Smith, Hogan, and Ormerod\'s Essentials of Criminal Law
This document consists of detailed notes from a criminal lecture on actus reus. It explains the principles of criminal liability 1; actus reus as well as the types of actus reus elements, the requirements, exceptions etc. all referenced with case law to use in the final exam.
What is a crime?
-Generally accepted that a criminal act usually involves a ‘public wrong’
-public wrong: acts that have a harmful effect on the public at large as opposed to private
interests (e.g: a party to a contract)
-‘crime is crime bc it consists of wrongdoing which directly and in serious degree threatens
the security or well-being of society’ – Allen C. (1931) ‘the nature of crime’ journal of society
of comparative legislation
What is criminal liability?
-person will be considered to have criminal liability if they are put on trial and found guilty
of committing a criminal offence
-conduct may b deemed criminal by statue (act of parliament) or by common law
-if a person is charged with a criminal offence the prosecution will normally be brought by
the crown prosecution service (cps) in the name of the crown
-the court (either magistrates or crown court)’ will decide the guilt of the defendant (the
person being charged)
-the prosecution bears the burden of proof for establishing the guilt of anyone who is
charged with a criminal offence (defendant) if this cannot b done then there can be no
conviction (guilty verdict) – Woolmington v DPP [1935]
-the prosecution must prove the defendants guilt ‘beyond reasonable doubt’
Actus Reus of a criminal offence
-fundamental principle of English criminal law that a person may not be convicted of a crime
unless they have behaved in an unlawful way
-defendant cannot be convicted of a criminal offence based on their thoughts alone, there
must also b a criminal act/failure to act
-every crim offence has its own actus reus , if it has not been performed then no offence will
have been committed
-in criminal trials the burden of proof will be on the prosecution to prove ‘beyond
reasonable doubt’ that d performed actus reus if this cannot b done, the d will not b
criminally liable for the offence with which they have been charged
3 types of Actus Reus element
-conduct (where d performs a positive act or omission) e.g: perjury contains conduct
element
-consequences (where d causes a result) murder is a ‘result’ crime
-circumstances (where certain circumstances exist which lead to liability) theft:property
must belong to another, rape: absence of consent
e.g: theft (conduct + circumstances), murder ( circumstances, conduct + consequences)
(( State of affairs crimes have no conduct or consequence elements but depend upon the
existence of a set of circumstances ))
, 2
Requirement of voluntariness
-general rule: actus reus elements of an offence must b voluntary in order for criminal
liability to be imposed, where actus reus is involuntarily performed, there is no criminal
liability.
- Kay v Butterworth [1945] 173 LT 191 : “A person… who, through no fault of his own,
becomes unconscious while driving, for example, by being struck by a stone, or by being
taken ill, ought not to be liable at criminal law” (obiter dicta per Humphreys J)
- “[I]n Kay v. Butterworth... the judge, after emphasizing that drowsiness or sleep would be
no excuse, said that ‘he did not mean to say that a person should be made liable at criminal
law who through no fault of his own became unconscious while driving; for example, if he
were struck by a stone or overcome by a sudden illness; or the car was temporarily out of
control by his being attacked by a swarm of bees’” (per Lord Goddard CJ in Hill v Baxter
[1958] 1 QB 277).
- “A blow from a stone or an attack by a swarm of bees I think introduces some conception
akin to novus actus interveniens”. (per Lord Goddard CJ in Hill v Baxter [1958] 1 QB 277).
Circumstances – State of Affairs crimes
-most offences require voluntary conduct on the part of the accused to establish their actus
reus, there are some offences which prohibit the existence of a state of affairs, sometimes
people can find themselves in a prohibited situation without having put themselves in that
state. No mens rea is required for conviction. These offences are quite rare.
-Offences of absolute liability are “state of affairs” crime because they are entirely
dependent upon the existence of surrounding circumstances but require no conduct from the
D.
-Winzar v Chief Constable of Kent [1983], The Times, 28 March – being drunk on a highway
(s.12, Licensing Act 1872)
-Larsonneur [1933] 97 JP 206 – being illegally in the UK (Aliens Order 1920)
Actus Reus of a criminal offence
-general rule in English law is that criminal liability cannot arise from an individuals failure to
act
-actus reus of an offence can only be performed by way of a voluntary positive action, rather
than an omission
-the actus reus doctrine requires an action of some sort: smth done by the defendant
-contrast approach in other countries like france and germany for e.g: if u see someone
drowning and u can save him but u don’t save him, then that is an omission/failure to act
Whether there should be a general duty to rescue: conventional and social responsibility
view
-conventional:
A should not b compelled to save b
A should not b encouraged to interfere in b’s life, the law values individual autonomy and
liberty
Doing a positive criminal act with bad consequences is morally more blameworthy than
omitting to act and causing the same consequences
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 dasini2000. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $12.42. You're not tied to anything after your purchase.
