Actus reus

There are three basic elements which must be provided in order to establish criminal liability: 

1. guilty conduct (actus reus)

2. a guilty mind (mens rea)

3. absence of any defence. 

Actus reus is a Latin phrase meaning the conduct or state of affairs which a particular offence prohibits. i.e.

the guilty act.

The actus reus is usually, although not always, committed through a voluntary act, taking into account of the surrounding circumstances, e.g. causing death by dangerous driving. This is a result crime.

The voluntary nature of the action was discussed in the case of Hill v Baxter (1958) where the court gave examples of where a driver could not to be said to be doing the act of driving voluntarily, these included the driver losing control of the car because they had been attacked by a swarm of bees, being hit on the head by a stone or having a heart attack at the wheel. 

There are some rare instances where the defendant has been convicted not because of a voluntary act they  have committed, but because of the situation they have found themselves in. This is known as 'state of affairs' cases. An example is the case of Larsonneur (1933) in which the defendant who was a French citizen was deported from Ireland to England. When she arrived in England she was immediately charged with being an illegal entrant and her conviction was upheld on appeal even though she had come to England against her will. She was convicted not because of a positive action on her behalf, but simply because of the situation she found herself in. 

In some situation an omission, meaning a failure to act, can constitute the actus reus although this is only in particular circumstances which include the following:

1. Assuming responsibility  meaning that reasonable steps need to be taken to care for the individual

R v Stone & Dobinson

The defendant's voluntarily took on care of an anorexic sister. They did nothing to care for her and didn't call a doctor when it was clear she she was very ill and she died

They were found guilty of manslaughter because they had volunteered to care for her and then failed to do so. 

 2. Creating a dangerous situation meaning a legal obligation to take reasonable steps to reduce the danger that you have created.

R v Miller

While the defendant was squatting in a house he accidentally set fire to a mattress with a cigarette 

He did nothing to put the fire out and just moved into another room. 

He was found guilty of arson because he failed to do anything about the dangerous situation he had created.

      3.  Contractual -  Legal obligation to fulfill duty set out in a contract.

       R v Pittwood

The defendant was employed (and therefore had a contract of employment) to open and close a gate to vehicles crossing a railway track. 

He failed to do this and a cart went on to the track when a train was coming and people were killed 

He was found guilty of manslaughter because he failed to carry out task given to him.

 4. Relationship -  Legal obligation to look after children/partner.

R v Gibbons & Proctor

The father of a child was found guilty of murder because he had failed to provide reasonable care.

 5. Where an act of Parliament expressively states that one will be required to act

 Road Traffic Act 1988

 E.g. not wearing a seatbelt.

 E.g. failing to give a specimen test.