actus reus of a crime ,ommission as the AR with cases

Actus Reus + Mens Reus = Criminal Liability

A person cannot be guilty of a crime without the AR.

Actus reus.

The completed guilty action said action may consist of the D’s:

-Conduct

Must be present. A particular behavior, consequence of behavior of no matter provided the behavior is unlawful.

-Consequence

(may be present) action required a specific end result

-circumstance

Could be “being rather than doing”

R v Larsonneur 1933

D a French national was brought to the Uk against her will by Irish police she was arrested on arrival lack of desire irrelevant she was guilty by “Being there”

-Voluntary

Must be a chosen action

Hill v Baxter

The d had been driving and had a heart attack, a state of no control. “an involuntary action does not form the AR of the crime”. Example of swarm of bees when driving you can choose your action instinct will kick in.

Omission as the actus reus of a the crime.

Failure to act where there is a duty to act can constitute the AR of a crime. Duty can come from:

-Statute

1988 S6 Road Traffic Act

Failure to provide a breath sample or specimen is an offence.

-Contract requiring action

Pittwood 1902

D was employed as gatekeeper at railway crossing, left gate open during lunch. Cart crossed train driver was killed conviction of manslaughter failed to do his duty caused death.

Adomato 1994

D an anesthetist missed a disconnected breathing tube in the operation the patient dies he was employed to do this, guilty gross Negligence

-Public position

For example, a teacher

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