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Actus Reus
Actus Reus
the defendant. In particular, actus reus may consist of: conduct, result, a state of affairs or an
omission.
Conduct - the conduct itself might be criminal. Eg. the conduct of lying under oath represents
the actus reus of perjury. It does not matter that whether the lie is believed or if had any effect
on the outcome of the case, the actus reus of the crime is complete upon the conduct.
Perjury
Theft
Making off without payment
Rape
Possession of drugs or a firearm
Result - The actus reus may relate to the result of the act or omission of the defendant. The
conduct itself may not be criminal, but the result of the conduct may be. Eg it is not a crime to
throw a stone, but if it hits a person or smashes a window it could amount to a
crime. Causation must be established in all result crimes.
Assault
Battery
ABH
Wounding and GBH
Murder & Manslaughter
Criminal damage
State of affairs - For state of affairs crimes the actus reus consists of 'being' rather than 'doing'.
Eg 'being' drunk in charge of a vehicle (Duck v Peacock [1949] 1 All ER 318 Case summary) or
'being' an illegal alien (R v Larsonneur (1933) 24 Cr App R 74 case summary).
Omission - Occassionally an omission can amount to the actus reus of a
crime. The general rule regarding omissions is that there is no liability for a failure to
act. Eg if you see a child drowning in shallow water and you don't do anything to save
that child you will not incur criminal liability for your inaction no matter how easy it
may have been for you to save the child's life. This general rule however, is subject
to exceptions:
1. Statutory duty:
2. Contractual duty:
If a person owes a contractual duty to act, then a failure to meet this contractual duty
may result in criminal liability:
The actus reus can be committed by an omission where there exists a duty imposed by law.
There are three situations in which a duty may be imposed by law. These are where the
defendant creates a dangerous situation, where there has been a voluntary assumption of
responsibility and misconduct in a public office. Additionally an omission may be classified as
part of a continuing act.