Actus Reus
Criminal Liability
Actus reus
The actus reus of a crime is the voluntary, deliberate act of the defendant. seen in the case of Hill v baxter 1958- in this case the court gave examples in a situation where a driver of a car would not be driving voluntary e.g. being stung by a bee and being hit on the head by a stone.
The actus reus is any act of the defendant that is unlawful and has the consequence of causing injury to the victim that the law classifies as a wound or grevious bodily harm.
Involuntary acts
Everybody performs involuntary acts, such as closing their eyes whilst sneezing. if a strong person holds a knife in the hand of a weaker person and uses the knife to stab another person, then the weaker person could not be guilty of stabbing the victim. such actions would not form the actus reus of a crime and so a defendant could not be guilty.
Omission
an omission is a failure to act. the law only makes a person liable for his failure to act where he has a duty to act. the duty can arise when.
• Where a person contract requires him to act. Pittwood 1902- gatekeeper failed to close the crossing gate. hay cart hit by a train: one person killed and one injured. failed to carry out his contractual duty.
• When a person takes on a duty voluntarily. Stone and Dobinson 1977- allowed stones elderly sister to die from neglect, she was anorexic and stayed in her room. failed to carry out the voluntary duty of care they had taken on.
• Where a persons public position requires him to act. Dytham 1979- uniformed police officer saw man being kicked to death. Did nothing and drove off. Failed to carry out his official duty.
• Where a person fails to minimize the harmful consequence of his act. Muller 1983- squatter started a fire by accident but did nothing about it. Found guilty of arson. Created a dangerous risk to others then failed to do what a reasonable person would have done. creating the risk meant he owed a duty of care.
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Actus reus
The actus reus of a crime is the voluntary, deliberate act of the defendant. seen in the case of Hill v baxter 1958- in this case the court gave examples in a situation where a driver of a car would not be driving voluntary e.g. being stung by a bee and being hit on the head by a stone.
The actus reus is any act of the defendant that is unlawful and has the consequence of causing injury to the victim that the law classifies as a wound or grevious bodily harm.
Involuntary acts
Everybody performs involuntary acts, such as closing their eyes whilst sneezing. if a strong person holds a knife in the hand of a weaker person and uses the knife to stab another person, then the weaker person could not be guilty of stabbing the victim. such actions would not form the actus reus of a crime and so a defendant could not be guilty.
Omission
an omission is a failure to act. the law only makes a person liable for his failure to act where he has a duty to act. the duty can arise when.
• Where a person contract requires him to act. Pittwood 1902- gatekeeper failed to close the crossing gate. hay cart hit by a train: one person killed and one injured. failed to carry out his contractual duty.
• When a person takes on a duty voluntarily. Stone and Dobinson 1977- allowed stones elderly sister to die from neglect, she was anorexic and stayed in her room. failed to carry out the voluntary duty of care they had taken on.
• Where a persons public position requires him to act. Dytham 1979- uniformed police officer saw man being kicked to death. Did nothing and drove off. Failed to carry out his official duty.
• Where a person fails to minimize the harmful consequence of his act. Muller 1983- squatter started a fire by accident but did nothing about it. Found guilty of arson. Created a dangerous risk to others then failed to do what a reasonable person would have done. creating the risk meant he owed a duty of care.
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