Lecture notes
Criminal Law Actus Reus Notes
- Module
- Criminal Law
- Institution
- The University Of Liverpool (UoL)
Actus Reus detailed lecture summary notes - including cases
[Show more]
Content preview
Topic 2 – Actus ReusActus Reus Voluntary Acts -
“Actus non facit reum nisi mens sit rea” - an act does not make someone guilty unless the
mind is also guilty
- Criminal law is concerned with conduct and act or omission to act
Actus Reus = ‘Guilty Act’
Mens Rea = ‘Guilty Mind’
- A criminal offence contains two elements – the defendents guilty act (actus reus) and
the defendents guilty mind (mens rea)
- An exception to this is offences of strict liability which do not require a mens rea
element – strict liability offences are generally minor offences such as traffic offences
eg. Driving without insurance is a strict liability offence
- Even if the person is unaware that they are doing something wrong eg. Driving
without insurance without realising that their insurance company has cancelled their
contract – they are still liable
- Driving without insurance is the guilty act = Actus Reus
- Actus reus element is also called the external element because it is the physical part of
the offence
- Mens rea element is also called the internal element of the offence because it is about
what is going on inside the defendant's mind
- These external and internal elements respectively provide the framework for
determining D’s criminal liability
- However, the determination of criminal liability is not complete until defences are
considered – so even if D has both the actus reus and the mens rea elements for the
crime there are some circumstances where the criminal law considers that D is not
liable anyway eg. If I act in self defence I might have the actus reus (I might cause
injury to my attacker) and I will also have the mens rea (I intended to cause injury to
my attacker) - yet if I meet the requirements for self defence I will not be liable
No actus reus = no crime (even if they have a mens rea)
Conduct = act or omission to act
(Instead of saying ‘guilty act’ use ‘guilty conduct’
- There are offences where the conduct needs to take place in specific circumstances –
these are called conduct crimes
- Not all conduct crimes have to have a result eg. Attempted rape, perjury (the
intentional act of swearing a false oath)
, - Result Crimes = must be an act or an omission taking place in proscribed
circumstances and causing a proscribed result eg. Murder, manslaughter, causing
actual bodily harm or criminal damage
Voluntary Act = a positive willed act (has the person moved their arms, legs and limbs) - the
external movement of D’s body
Bratty v. A-G for Northern Ireland [1963] AC 386
- In this case Lord Denning stated that the requirement that it should be a voluntary act
is essential in every criminal case
Person D will not be liable for a voluntary act if they are acting as an automation –
automatism is where someone is not in control of their actions
Hill V Baxter [1958] 1 QB 277
- In this case, the court cited examples of when D might be suffering from automatism
eg. D experiencing a bang on the head (unconsciousness) - D would not be in control
of her limbs in that situation – the movement of D’s limbs is involuntary – it did not
flow by an exercise by D of her free will – no voluntary act there
Winzar V Chief Constable of Kent (1983) Unreported
- D was taken to a hospital on a stretcher and was found to be drunk and was told to
leave the hospital.
- When he was seen slumped on the corridor floor, the police were called and the police
took D to their police car outside on the highway – they then promptly charged him
with being found drunk on the highway
- Being found drunk is a state of affairs – it is not a voluntary act
- The possibility of being liable for the actus reus of an offence in this way seems
wrong here because it is open to abuse by the authorities - the voluntary act has been
diluted in this case
- When you find yourself in a ‘state of affairs’ you can be liable for this even though
you were not voluntarily acting
Offences of Possession – Misuse of Drugs Act 1971 s.5(2)
- There is no explicit requirement for an act or omission by D
- Take section 5, subsection 2 of the Misuse of Drugs Act 1971 – this provision makes
it an offence for D to have a controlled drug in her possession
- Just ‘possessing’ something is no positive act but it is just something in your pocket –
the action of putting something in your pocket is voluntary – this is not really a
voluntary act because you are not voluntarily acting by having it in your pocket
- These offences of possessions seem to be again diluting the requirement for a
voluntary act and the actus reus of the event is having a controlled drug in your
possession – its not putting it in your pocket its just having it in your possession
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 zoejohnstone. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £5.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
52510 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