General Elements of Criminal Liability
Definition of Actus Reus: Consequence crimes; voluntary actions and omissions; involuntariness and
is the guilty conduct the defendant must commit.
Voluntary Conduct: All acts are only guilty is the defendant committed them voluntarily, unless the
defendant has no control over there actions then they will be not guilty.
Conduct Crimes: Actus reus is simply prohibited conduct and the defendant is guilty even if the lie
had no effect on the outcome of the case. (Perjury)
State Affairs: Some crimes require circumstances to be occurring. (Burglary- circumstances must be
as such that the person who enters a building must be a trespasser). R V Larsonneur
Consequence/ Result Crimes: Require the defendant to cause a particular result. (Depending on
injuries could be charged with battery, ABH or GBH).
Omissions: Crime committed on a failure to act, is the failure to do something that the defendant is
under obligation to do so.
Defendant can be found liable for their failure to act if the defendant owes a duty to act.
1. Contractual Duty: Duty to act arsis due to a contract, such as a person’s job. R V Pittwood-
Defendant convicted of manslaughter as the defendant failed to perform the contractual
duty of shutting the gate when the train was approaching.
2. Professional Duty: Person may have an occupation that requires them to protect others. R V
Dytham- neglected to protect the victim or apprehend his attackers and was guilty of
‘misconduct in a public office’.
3. Voluntary Acceptance of Responsibility for Another: Duty to act will arise when a person
undertakes a role to care for another. Failure to act would result in them liable for an
omission- R V Stone and Dobinson.
4. Creates a Dangerous Situation: When a person creates a dangerous situation, they owe a
duty to act in a way to try to remedy or minimise the danger- R V Miller.
5. Special Relationship: Relationship that will give a duty to act is that of parents and children.
Parents will owe a duty of care to the children and may be prosecuted if they fail to do so.
Courts can impose if there is no blood relation between parties involved. R V Gibbins and
Proctor- COA upheld conviction of murder where they failed to feed their child resulting in
her starving to death.
6. Statutory Duty: Some statues will make it a failure to act in certain situations.
Road Traffic Act 1988: S.170 of the Act makes it an offence for a driver involved in a road traffic
accident to fail to report the accident to the police. It is also an offence to provide a breath sample
when required to do so.
Child and Young Persons Act 1933: Failing to look after a child by a parent or a guardian is a criminal
offence under this act.
Greener V DPP 1996: Bull terrier dog broke free from his chain and entered a neighbouring garden,
where it bit a young child. Defendant was convicted of allowing his dog to enter a place where it was
not permitted to be, causing injury, contrary to S.3(3) of the Dangerous Dogs Act 1991.
Definition of Actus Reus: Consequence crimes; voluntary actions and omissions; involuntariness and
is the guilty conduct the defendant must commit.
Voluntary Conduct: All acts are only guilty is the defendant committed them voluntarily, unless the
defendant has no control over there actions then they will be not guilty.
Conduct Crimes: Actus reus is simply prohibited conduct and the defendant is guilty even if the lie
had no effect on the outcome of the case. (Perjury)
State Affairs: Some crimes require circumstances to be occurring. (Burglary- circumstances must be
as such that the person who enters a building must be a trespasser). R V Larsonneur
Consequence/ Result Crimes: Require the defendant to cause a particular result. (Depending on
injuries could be charged with battery, ABH or GBH).
Omissions: Crime committed on a failure to act, is the failure to do something that the defendant is
under obligation to do so.
Defendant can be found liable for their failure to act if the defendant owes a duty to act.
1. Contractual Duty: Duty to act arsis due to a contract, such as a person’s job. R V Pittwood-
Defendant convicted of manslaughter as the defendant failed to perform the contractual
duty of shutting the gate when the train was approaching.
2. Professional Duty: Person may have an occupation that requires them to protect others. R V
Dytham- neglected to protect the victim or apprehend his attackers and was guilty of
‘misconduct in a public office’.
3. Voluntary Acceptance of Responsibility for Another: Duty to act will arise when a person
undertakes a role to care for another. Failure to act would result in them liable for an
omission- R V Stone and Dobinson.
4. Creates a Dangerous Situation: When a person creates a dangerous situation, they owe a
duty to act in a way to try to remedy or minimise the danger- R V Miller.
5. Special Relationship: Relationship that will give a duty to act is that of parents and children.
Parents will owe a duty of care to the children and may be prosecuted if they fail to do so.
Courts can impose if there is no blood relation between parties involved. R V Gibbins and
Proctor- COA upheld conviction of murder where they failed to feed their child resulting in
her starving to death.
6. Statutory Duty: Some statues will make it a failure to act in certain situations.
Road Traffic Act 1988: S.170 of the Act makes it an offence for a driver involved in a road traffic
accident to fail to report the accident to the police. It is also an offence to provide a breath sample
when required to do so.
Child and Young Persons Act 1933: Failing to look after a child by a parent or a guardian is a criminal
offence under this act.
Greener V DPP 1996: Bull terrier dog broke free from his chain and entered a neighbouring garden,
where it bit a young child. Defendant was convicted of allowing his dog to enter a place where it was
not permitted to be, causing injury, contrary to S.3(3) of the Dangerous Dogs Act 1991.
