The concept of Actus Reus within the scope of english criminal law and with the proper and relevant case law.
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Actus Reus Those parts of the definition of an offence which do not relate to D’s state of mind.
THE ELEMENTS OF A CRIMINAL OFFENCE
External Elements (acts of D) ACTUS REUS
Internal Elements (D’s intention) MENS REA
Coke, ´Institutes`
´An act does not make a persona guilty of a crime unless the mind is also guilty`
KEY PRINCIPLE An evil state of mind is not, by itself, criminal. It must have manifested in some way to attract
liability
HAUGHTON V SMITH (1975)
´There is a distinction between the intention to commit a crime and an attempt to commit it`
LIABILITY FOR OMISSIONS
As a general rule, criminal liability does not attach to omissions. However, one can be guilty of an omission if they are
under a duty to act.
WHEN IS THERE A DUTY TO ACT?
1) Statutory duty. A statute imposes a duty on someone to do something.
DOMESTIC VIOLENCE, CRIMES AND VIOLENCE ACT 2006, s5
´It is a criminal offence to fail to protect a child or a vulnerable adult from a risk of death at the hands of a
person living with them.
KHAN (2009)
2) Contractual duty. A duty to act due to a contractual obligation
PITWOOD (1902) A railway crossing keeper’s failure to close a crossing gate, breaking his
employment contract, cause a conviction for manslaughter after a person was hit by a train.
3) Assumption of responsibility. A duty to act where D has assumed responsibility for the wellbeing of V.
EVANS (2009) D gave V, her 16-year-old sister, and an addict, heroine, and failed to assist her and
call for an ambulance.
GRIBBINS AND PROCTOS (1919) They allowed their stepdaughter to starve to death DUTY
TO ACT DUE TO BLOOD RELATIONSHIP
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