Tuesday, 14 April 2020
Actus Reus
Criminal liability:
• Actus Reus (guilty act): The external requirement of an offence.
• Mens Rea (guilty mind): The internal or mental requirement of an offence.
• Lack of a defence…
Elements of Actus Reus :
• Conduct element: The physical actions (or omissions) required for the offence.
• Circumstance element: The surrounding facts required for the offence.
• Result element: The outcomes of D’s acts that are required for the offence.
Types of Crime:
• Conduct Crimes:
• Conduct element
• Circumstance element
• Driving under the influence
• Result Crimes:
• Conduct element
• Circumstance element
• Result element
Acts vs Omissions:
• General Rule: Act Requirement
• Exception: Crimes of commission where an omission suffices as the actus reus:
• murder
• causing grievous bodily harm with intent
• theft
• criminal damage
Which crimes cannot be committed by omission?
1
, Tuesday, 14 April 2020
• Any crime whose definition requires AFFIRMATIVE ACTION, e.g.
• Unlawful Act Manslaughter: Lowe (1971) - child died from neglect and he was accused
of unlawful act manslaughter.
• Assault: Fagan (1968) - rolled his car without realising on a foot of a police officer, hen
the car rested upon the foot is when he realised. He didn’t do anything anymore. They
wanted to convict him of assault/battery, problem was coincidence of acts Reus and
mens Rea.
Liability for Omissions:
• Requirements:
1. Duty to act
2. Breach of that duty
3. Breach causes resulting harm
Omissions:
• Act element: Omission
• Circumstance element: Duty to act; Breach
•
• Duties can include:
– Common law or statutory duty
– Contractual duty
– Relationship based duty
– Assumption of care duty
– Creation of a dangerous situation
Omissions: Duty to Act
Statutory crimes of omission include:
• Wilful neglect of a child
• Failure to report a road traffic accident
• Failure to submit a tax return
Duties can include: Assumption of care duty
Nicholls (1874) 13 Cox CC 75. - grandmother took into her home grandchild and failed to
care for her grandchild, child died. Took child into her care, provided to the word an explicit
assumption of care.
2
Actus Reus
Criminal liability:
• Actus Reus (guilty act): The external requirement of an offence.
• Mens Rea (guilty mind): The internal or mental requirement of an offence.
• Lack of a defence…
Elements of Actus Reus :
• Conduct element: The physical actions (or omissions) required for the offence.
• Circumstance element: The surrounding facts required for the offence.
• Result element: The outcomes of D’s acts that are required for the offence.
Types of Crime:
• Conduct Crimes:
• Conduct element
• Circumstance element
• Driving under the influence
• Result Crimes:
• Conduct element
• Circumstance element
• Result element
Acts vs Omissions:
• General Rule: Act Requirement
• Exception: Crimes of commission where an omission suffices as the actus reus:
• murder
• causing grievous bodily harm with intent
• theft
• criminal damage
Which crimes cannot be committed by omission?
1
, Tuesday, 14 April 2020
• Any crime whose definition requires AFFIRMATIVE ACTION, e.g.
• Unlawful Act Manslaughter: Lowe (1971) - child died from neglect and he was accused
of unlawful act manslaughter.
• Assault: Fagan (1968) - rolled his car without realising on a foot of a police officer, hen
the car rested upon the foot is when he realised. He didn’t do anything anymore. They
wanted to convict him of assault/battery, problem was coincidence of acts Reus and
mens Rea.
Liability for Omissions:
• Requirements:
1. Duty to act
2. Breach of that duty
3. Breach causes resulting harm
Omissions:
• Act element: Omission
• Circumstance element: Duty to act; Breach
•
• Duties can include:
– Common law or statutory duty
– Contractual duty
– Relationship based duty
– Assumption of care duty
– Creation of a dangerous situation
Omissions: Duty to Act
Statutory crimes of omission include:
• Wilful neglect of a child
• Failure to report a road traffic accident
• Failure to submit a tax return
Duties can include: Assumption of care duty
Nicholls (1874) 13 Cox CC 75. - grandmother took into her home grandchild and failed to
care for her grandchild, child died. Took child into her care, provided to the word an explicit
assumption of care.
2
