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Criminal Law - Actus Reus

Q: What is an omission in legal terms?

An omission means one cannot be guilty for 'not acting.' It involves failing to perform a duty that results in liability.

Q: What is the 'Guilty Act' in the context of Actus Reus?

The 'Guilty Act' refers to the physical element of a crime or the prohibited conduct of the crime. It must be voluntary and must cause the consequence required from the offence.

15 important questions on Criminal Law - Actus Reus

What was the case of R v Dytham 1979 about?

A police officer on duty witnessed a man being beaten to death by three other men. He did not intervene. He was found guilty of neglecting to perform duty without reasonable excuse.

What is an omission in legal terms?

An omission means one cannot be guilty for "not acting." It involves failing to perform a duty that results in liability.

What duty arises in the case of R v Miller 1983?

The whole house caught on fire. He was convicted of arson not because he set the mattress on fire, but he failed to take reasonable steps to deal with the fire once he discovered it.

What is the "Guilty Act" in the context of Actus Reus?

The "Guilty Act" refers to the physical element of a crime or the prohibited conduct of the crime. It must be voluntary and must cause the consequence required from the offence.

What creates liability for an omission under a statutory duty?

An act of parliament can create liability for an omission, such as:

s1 of the Children and Young Person Act 1933
s170 of the Road Traffic Act 1988

What is necessary for the consequence to be proved in theft?

It is not necessary for the consequence to be proved in theft. The prohibited conduct must result in a consequence also, such as assault causing ABH.

What is an example of a contractual duty related to omission?

In R v Pittwood 1902, the keeper omitted to shut the gates. A person crossing the railway was killed by a train. The keeper was guilty of manslaughter.

What are the types of crimes and voluntariness?

Types of crimes and voluntariness include:

Conduct crimes
Consequence crimes
State of affair crimes
Voluntary nature of actus reus
Involuntariness

How does a duty arise because of a relationship?

A duty arises in a parent-child relationship or when a grown-up child cares for their elderly parent. Failure to act can result in liability.

What is the principle of voluntariness in Actus Reus?

The act or omission must be voluntary on the part of the defendant. Hill v Baxter 1958: Driver lost control of car; act caused by something natural and unpredictable or a third party.

What was the ruling in R v Gibbons and Proctor regarding omission?

In R v Gibbons and Proctor, omission to feed a child was deliberate with intent to kill or harm, constituting the actus reus of murder.

What is the principle of involuntariness in Actus Reus?

The defendant will be convicted even where they did not act voluntarily. R v Larsonneur 1933: Ordered to leave UK, deported back, charged with being an alien found in the UK.

What constitutes a duty undertaken voluntarily?

In R v Stone and Dobinson 1977, the defendants were found guilty of manslaughter. They had a duty to help or get care for the victim, and failure to do so was enough actus reus.

What is the significance of R v Mitchell 1983 in Actus Reus?

In R v Mitchell 1983, D punched an old man causing an old lady to fall and die. D was convicted of manslaughter; old man not liable (transferred malice), demonstrating the principle of fault.

What was the decision in R v Evans 2009 regarding duty?

In R v Evans 2009, the defendant created a state of affairs threatening the victim's life, knowing the risk. Therefore, she owed a duty to the victim.

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