Actus Reus

Actus Reus  The physical element of a crime: o An act o An omission (failure to act) o A ‘state of affairs’ Conduct, consequence, circumstances. To complete an offence, mens rea is also needed. Strict liability offences do not require mens rea. A ‘state of affairs’ is an involuntary act: o Larsonneur 1933- D ordered to leave UK; brought back to UK against her will but Irish police. Convicted, despite involuntary act. Actus reus must be proved: o R v Deller 1916- D thought he’d mortgaged car, and so was lying to buyer. Car not mortgaged- mens rea for false pretence but no actus reus. Conduct generally must be voluntary to constitute actus reus. Coincidence of actus reus and mens rea: o Thabo Meli v R 1954- Ds plied V with drink; hit him intending to kill. Pushed V off cliff, where he died from exposure. Privy Council held that entire event was one continuing actus reus. o R v Le Brun 1991- D hit wife intending to injure. Her death actually resulted from D dragging her from the car, where she hit her head on the ground. Manslaughter conviction- two acts part of same sequence despite time gap. o R v Church 1966- D fought V; knocked her unconscious. Assumed she was dead and threw her into river where she drowned. Manslaughter. Omissions Normally, only voluntary acts can constitute actus reus. However, a ‘state of affairs’ can be sufficient for actus reus. Omissions- failing to act. There is only criminal liability for the failure if there was a duty to act; the crime must also be a result crime (e.g. murder). Six different duties. A statutory duty: an act of Parliament can create liability for an omission, e.g. failing to report a road traffic accident. Examples include s.1 of the Children and Young Persons Act 1933, the Domestic Violence, Crime, and Victims Act 2004 and the Dangerous Dogs Act 1991: o Greener v DPP 1996- D guilty under Dangerous Dogs Act 1991 for failing to take precautions when restraining a dog that escape and bit a child. Common Law Duties: A