Lecture notes
Actus Reus Class Notes
- Module
- Criminal Law
- Institution
- Newcastle University (NCL)
Topic notes on Actus Reus, Second Year Criminal Law
[Show more]
Content preview
Topic 2: Actus Reus- Acts, Omissions and CausationEstablishing Criminal Liability
Crime = Actus Reus + Mens Rea - a defence
Three things have to be established beyond reasonable doubt to the jury by the prosecution in any
criminal trial:
1) Actus Reus- that the defendant brought about the prohibited act, omission or state of affairs e.g.
the AR of homicide- the unlawful killing of a human being & if the killing is accompanied by intention
to kill or cause grievous bodily harm, it becomes murder
2) Mens Rea- That the defendant did this with the state of mind prescribed by the definition of the
crime
3) That the defendant is not entitled to the benefit of any defence which may have been argued on
his behalf
These three points are encapsulated in the Latin maxim:
• actus non facit reum, nisi mens sit rea – an act does not make a person guilty of committing
an offence unless the mind is legally blameworthy
• A person may be convicted on the basis of having committed the Actus Reus alone if it is a
Strict Liability offence (no need to prove mens rea)
Definition of Actus Reus:
The actus reus of an offence comprises all the external elements of the definition of the offence:
• conduct (acts or omissions) e.g. rape- penetration proved without consent
• consequences caused by the conduct,
• and surrounding circumstances/state of affairs
(The Actus Reus of every crime is different)
The Actus Reus Must be Proved
• If D has the Mens Rea for a crime but does not bring about the Actus Reus he is not guilty of
committing that offence
• You cannot be guilty of a crime simply for having guilty mind- only when guilty thoughts are
put into practice = crime
• AR can include a mental element e.g. AR of a burglary consists of entry to premises as a
trespasser with intent to commit offences such as stealing
, • Knowledge (internal mental element) – whether unlawful depends on this
• AR can be negated by ‘justificatory defences’ e.g. self defence, consent, necessity- can be
used where offence has been committed in morally justifiable circumstances e.g. assault
(definition of which requires ‘unlawful violence’
R v Deller [1952] 36 Cr App R 184
• Defendant selling a car & believed car was subject to higher purchase agreement BUT tells
buyer car is free from any outstanding loans
• Defendant had tried to arrange a higher purchase agreement but was VOID
• Charged with obtaining by false pretences
• Held; although mens rea (he believed statement was false) – jury concluded that the
statement was not false so actus reus missing
The Act must be Voluntary
• Where the Actus Reus of an offence requires conduct on the part of the accused
liability will only accrue where the conduct is voluntary
• Only those who freely chose to do wrong should be punished- if D lost physical
control through no fault of his own- unjust to punish
• Voluntary action defined by muscular or bodily movement controlled by will; John
Austin- a voluntary movement of my body, or a movement which follows a volition is
an act. The involuntary movements which are consequences of certain diseases are
not acts.
• Enables law to distinguish between doing something/having something done to you-
only movements which are undesired, unconscious or physically controlled by other
are involuntary
Issues:
• Artificial to describe actions in terms of muscular contractions; Hart- when we
deliberate and think about actions, we do so not in terms of muscular movements
but in terminology of actions
In Bratty v AG for Northern Ireland [1963] AC 386 (HL) Lord Denning stated that
• ‘the requirement that it should be a voluntary act is essential’
• ‘an involuntary act means an act which is done by the muscles without any control by the
mind or an act done by a person who is not conscious of what he is doing such as an act
done whilst suffering from concussion’
• SO an act will not be involuntary simply because the doer doesn’t remember it or could not
control the impulse to do it
If an act is done involuntarily the defence of Automatism may apply
State of Affairs cases – An Exception to the Voluntary Rule?
AR will refer to conduct to being ‘found’ in a prohibited place in proscribed circumstances
e.g. knowingly remaining in UK after being told to leave
These offences are labelled ‘status’ offences because they represent a state of affairs
, Can be committed involuntarily and are an exception to the requirement that AR should be
voluntary
R v Larsonneur (1933) 24 Cr App Rep 74
• Illegal immigrant told to leave UK- goes to Ireland and returned back to UK by Irish Police
• Charged with illegal alien- land in UK denied
• No personal freedom or control over how found in UK
• Convicted- came to UK (voluntary act)
• Circumstances of compulsion which brought her to return to UK – irrelevant
Winzar v Chief Constable of Kent (1983) Times 28 March
• Defendant brought to hospital- assessed to be ‘drunk’ & asked to leave
• Later found on chair in hospital
• Police called & escorted defendant out, charging him of being drunk on a public highway
• Held; to establish guilt, defendant only needed to be proved to be drunk in a public place,
how he came to be there was irrelevant
• Despite being carried outside, voluntarily got drunk
Omissions
General Arguments For and Against Imposing Liability for an Omission
Against:
• Incursion of individual liberty and an infringement of autonomy (Conventional view) – the law
should not dictate how we should behave as long as we are not directly harming others
• Omissions are less culpable- it is worse to kill than to let die
• Questionable whether we can cause a result through an omission? - fails to prevent it but
doesn’t cause it
For:
• An artificial distinction between acts and omissions (not clear) – Ashworth (1989) 105 LQR
424: ‘it would seem wrong that criminal liability or non-liability should turn on such fine
points’
• Blameworthiness – an omission may be just as culpable as an act, may be just as blameworthy
to let harm befall someone than to directly inflict it
• Social Responsibility – a level of social co-operation and social responsibility is both good for
and necessary for the realisation of individual autonomy
Distinguishing Between Acts and Omissions
• It is not always easy to distinguish an act from an omission
Fagan v Metropolitan Police Commissioner [1969] 1 QB 439
• Police officer tells Fagan to park his car at the curb side, but parks on the policeman’s foot
(accidental)
• Policeman tells Fagan to remove the car, Fagan tells police officer he can wait a few
moments
• Not entirely clear whether ignition turned off or stalls (unsure if there was positive act)
• Charged with common assault/battery- inflicted force on policeman
• Battery charge requires a positive act
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 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 molliebriggs. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £7.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
58426 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now