Summary
Summary Criminal Law book
- Module
- Criminal Law (M100)
- Institution
- Liverpool John Moores University (LJMU)
Notes on a Criminal Law book which includes an introduction into Criminal Law
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Chapter 1 summary- actus reusThe elements of crime
The criminal law does not seek to punish people for their evil thoughts; an accused
must be proved to be responsible for conduct or the existence of a state of affairs
prohibited by the criminal law before liability may arise.
The terms actus reus and mens rea are simply useful labels to be attributed to the
constituent parts of any crime being analysed; they do not have any meaning in
themselves. They have no greater meaning than, for example, the terms ‘obverse’
and ‘reverse’ used when describing coins. Just as the words and designs on coins
will vary so too will the actus reus and mens rea of different crimes.
The use of the Latin terms actus reus and mens rea has been criticised. In Miller
[1983] 2 AC 161, 174, Lord Diplock stated that:
It would … be conducive to clarity of analysis of the ingredients of a crime that is
created by statute … if we were to avoid bad Latin and instead to think and speak …
about the conduct of D and his state of mind at the time of that conduct, instead of
speaking actus reus and mens rea.
While most crimes may be analysed in terms of actus reus and mens rea, a few
crimes exist where these concepts merge. In some offences the actus reus may only
be proved by proving mens rea. For example s.1 (1) of the Prevention of Crime Act
1953 makes it an offence for any person, without lawful authority or reasonable
excuse, to have with him in any public place any offensive weapon.
Defences
So far the suggestion has been that if the prosecution proves the commission of an
actus reus by D with the necessary mens rea, criminal liability will have been
established. This ignores the fact that D may be able to rely upon some justification
or excuse to avoid criminal liability.
Defining an actus reus
Each crime must be looked at individually to determine what must be proved to
establish its actus reus. In the case of a common law crime (such as murder) the
definition of its actus reus is to be found in the decisions of the courts; in the case of
a statutory crime (such as theft) the definition of the actus reus is to be found in the
statute as interpreted judicially in decided cases. Generally, however, it is necessary
to know which elements of the definition of an offence comprise the actus reus.
The term actus reus has a much wider meaning than the ‘act’ prohibited by the law
which it implies. A useful working definition is that it comprises all the elements of the
definition of the offence except those which relate to the mental element (mens rea)
required on the part of D. The definition of an offence may prohibit acts or omissions
, (conducts) but it may prohibit these only in particular circumstances. In some cases
the definition of the offence may require particular consequences to ensure from the
conduct. A distinction which flows from this is that between ‘conduct crimes’ and
‘result crimes’.
A ‘conduct crime’ prohibits conduct regardless of consequences whereas a ‘result
crime’ prohibits particular consequences which ensure from conduct on the part of D.
In a limited number of cases, offences prohibit particular states of affairs without
reference to conduct or its consequences. The ambit of the criminal law may be
illustrated by the following examples of offences.
Proving an actus reus
If D has the mens rea for a particular offence but does not bring about the actus reus
he is not guilty of committing that offence.
Conduct must be voluntary
Where the actus reus of an offence requires conduct on the part of D, whether an act
or omission, liability will only arise where the conduct is willed; it is not sufficient that
D by his bodily movements performed the prohibited conduct or brought about the
prohibited consequence defined by the actus reus of the offence.
In Bratty v AG for Northern Ireland [1963] AC 386 (at p.409), Lord Denning stated
that the ‘requirement that it should be a voluntary act is essential , not only in a
murder case, but also in every criminal case’. In offences requiring mens rea, if the
conduct is not willed there will also be an absence of mens rea on the part of D, but
even if the conduct is not willed there will also be an absence of mens rea, it is still
necessary to prove that D’s conduct was voluntary.
In Kay v Butterworth (1945) 173 LT 191 (see also Hill v Baxter [1958] 1 QB 277), D
was driving home after night- shift work when, overcome by sleep, he drove into
party of soldiers. He was convicted of driving without due care and attention and
dangerous driving as, realising that he was becoming drowsy, he should have
stopped and it was immaterial that he was not conscious of his actions when the
accident happened. Humphreys J stated:
A person, however, 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.
State of affairs offences
While most offences require voluntary conduct on the part of D to establish their
actus reus, there are some offences which prohibit the existence of a state of affairs.
In Larsonneur (1933) 97 JP 206, L, a french citizen was required to leave the United
Kingdom. She went to Eire but was deported and brought back to Holyhead by the
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