Actus Reus and Omission

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Actus Reus

Actus reus is the guilty action of a crime.

Act

Any act that occurs must be voluntary; the defendant must have been in control of his actions at all times.

Example- Hill v Baxter (1958)- a driver of a car suffered a heart attack causing him to crash his car. It was said that a person is not in control when having an epileptic fit or being attacked by a swarm of bees. As this was not a case he was seen as guilty.

State of Affairs

There is absolute liability in this offence so a voluntary actus reus is not required

Example- R v Larsonneur- a French woman was arrested for landing on UK soil without permission despite being brought there by Irish police.

Conduct

Criminal acts can be of conduct e.g. perjury, theft or crimes resulting in murder.

How to Answer a Question on Actus Reus (8 Marks)

1) Define actus reus- state the definition, talk about it being a result crime and give an example (assault) or a conduct crime (perjury).

2) State when it happens- here you talk about it being a voluntary act, briefly state that it can be an omission or state of affairs also.

3)Case- one that is relevant to the last paragraph (e.g. Hill V Baxter as that was an example of voluntary conduct).

4) Define omission- give the definition.

5) Case- give at least one relevant case (e.g. R v Stone and Dobinson).

6) Define state of affairs- brief definition.

7) Case- a relevant case (e.g. R v Larsonneur).

Example of an Actus Reus Full Mark Answer (8 Marks)

Actus reus is the guilty action of a crime. It must be established in both result crimes (e.g. assault) and conduct crimes (e.g.perjury). Actus reus can either be an act or an omission. Any act must be voluntary meaning that the accused must have been in control of his actions at the time. In Hill v Baxter it was said that a person would not be in control if he was having an epileptic fit or if he was being attacked by a swarm of bees.

An act can have a result, as in murder where there is an unlawful death. Alternatively it can be the conduct of the defendant, such as perjury. There is an occasion when the act is not voluntary and this is in state of affairs. An example of this is R v Larsonneur where a Frenchwoman was arrested for landing on UK soil without permission, despite being brought into the country by Irish police.

The actus reus can also be an omisson, this is a failure to act. This can be seen in Stone v Dobinson where they neglected their duty of care to look after Stones anorexic sister. Another case example is R v Pitwood where the gate keeper failed to shut the gate resulting in the death of a horse and a cart driver.

Omission

Omission is a failure to act. A person may be liable for a failure to act when it was their duty to do so e.g. withholding information which could be useful in a criminal investigation.

Omission Types

- An omission can for the actus reus

Example- R v Pitwood (1902)- a railway gatekeeper failed to shut the gate which resulted in the death of a horse and cart driver who were killed by a passing train.

- A statute may cause an offence based on omission as you are liable damages to yourself and others e.g.not wearing a seat belt in the car.

- An act of Parliament can require a person to act e.g not feeding a child under the Children and Young Persons Act 1933.

- A public position could require a person to act

Example- R v Dytham (1979)- a policeman did not prevent a man being kicked to death even though it was his duty.

- Failure to minimise the harmful consequences of your actions

Example- R v Miller (1983)- a squatter fell asleep on a mattress while smoking a cigarette. This caused a fire in the house. When he awoke he ignored the fire and moved to another room. As a result it caused the house to burn down. He was found guilty of arson as he failed to put the fire out or call the firefighters.

- When a person voluntarily takes on a duty

Example R v Stone and Dobinson (1977)- a pair of little intelligence who lived together brought Stone's sister to live with them. The anorexic girl refused to seek medical help and locked herself in her room. She died of starvation. although Stone and Dobinson tried to help they did not call a doctor so were seen as neglecting their duty of care. As a result they were convicted of manslaughter.

How to Answer a Question on Omission (8 Marks)

1) Define omission

2) Give approximately 3 different types of omissions with case examples.