Actus Reus
In order for a defendant to be found liable of an offence, they must have satisfied the actus reus and
the mens rea required for the offence.
The actus reus, (as alluded to by the phrase) is the guilty act committed by the defendant.
The mens rea, is the guilty state of mind or intention of the defendant.
The Nature of The Actus Reus
The act (or omission) must be voluntary on part of the defendant.
- If the defendant has no control over his actions, then there is no actus reus.
Hill v Baxter – An involuntary action DOES NOT form the AR of an offence.
Examples of involuntary acts include:
- The defendant hitting someone as a result of muscle spasms.
- Someone who has been pushed by another person and ends up knocking someone else over.
R v Mitchell –
- Defendant pushed a man in a post office queue.
- The man staggered and knocked over an old woman.
- She was injured and subsequently died of those injuries.
- Due to the fact that the man was not acting voluntarily, there was no actus reus.
Omissions
The general rule here is that there is no criminal liability for a failure to act, as there is no “Good
Samaritan” law in the UK as there is in other countries.
A person is only liable for a failure to act where there is a duty to act.
There are 6 main situations in which there is a duty to act:
- A person’s contract requires him to act (Pittwood).
- A person’s public position requires him to act (Dytham).
- There is a statutory duty to act (The requirement to stop at the scene of a road traffic
accident).
- Where a person has set into motion a chain of events (Miller).
- Where a person voluntarily takes on a duty (Stone and Dobinson).
- A duty exists because of a relationship (Gibbins and Proctor).
Summary
The essential element of a crime.
It may require conduct, a consequence, or a state of affairs.
There will be no liability of the act is not voluntary.
There will be no liability for a failure to act except in situations where there is a duty to act.
In order for a defendant to be found liable of an offence, they must have satisfied the actus reus and
the mens rea required for the offence.
The actus reus, (as alluded to by the phrase) is the guilty act committed by the defendant.
The mens rea, is the guilty state of mind or intention of the defendant.
The Nature of The Actus Reus
The act (or omission) must be voluntary on part of the defendant.
- If the defendant has no control over his actions, then there is no actus reus.
Hill v Baxter – An involuntary action DOES NOT form the AR of an offence.
Examples of involuntary acts include:
- The defendant hitting someone as a result of muscle spasms.
- Someone who has been pushed by another person and ends up knocking someone else over.
R v Mitchell –
- Defendant pushed a man in a post office queue.
- The man staggered and knocked over an old woman.
- She was injured and subsequently died of those injuries.
- Due to the fact that the man was not acting voluntarily, there was no actus reus.
Omissions
The general rule here is that there is no criminal liability for a failure to act, as there is no “Good
Samaritan” law in the UK as there is in other countries.
A person is only liable for a failure to act where there is a duty to act.
There are 6 main situations in which there is a duty to act:
- A person’s contract requires him to act (Pittwood).
- A person’s public position requires him to act (Dytham).
- There is a statutory duty to act (The requirement to stop at the scene of a road traffic
accident).
- Where a person has set into motion a chain of events (Miller).
- Where a person voluntarily takes on a duty (Stone and Dobinson).
- A duty exists because of a relationship (Gibbins and Proctor).
Summary
The essential element of a crime.
It may require conduct, a consequence, or a state of affairs.
There will be no liability of the act is not voluntary.
There will be no liability for a failure to act except in situations where there is a duty to act.
