General elements of a liability
Elements of a crime: Actus Reus
To be guilty of a crime, there needs to be two elements present:
- Actus Reus- the guilty mind/the physical element.
- Mens Rea- the guilty act/ the mental element.
- Actus non facit reum nisi mens sit rea- the act itself does not
constitute guilt unless done by a guilty mind.
Once both elements are established the defendant will be
found criminally liable.
Elements of a crime:
The prosecution has to convince the judge or jury that the
defendant is criminally liable.
The burden of proof in criminal law is very high- beyond reasonable
doubt. (Woolmington -V- DPP 1935).
Actus Reus can be:
o A voluntary action
The voluntary act:
- The defendant must have committed the act or omission voluntarily,
if not done voluntarily the defendant will not be guilty. The criminal
law is concerned with fault.
- Consequences: some crimes must also produce a consequence for
someone to have committed the Actus Reus. (murder = someone
has to end up dead)
o An omission (failure to act)
- A failure to act does not usually result in someone being found
criminally liable in English law.
- Stephen LJ.:” It is not a crime to cause death or bodily injury, even
intentionally, by any omission.”
Exception to the rule – Omission
A person will be held criminally liable to failing to act where:
1. Duty created by statute
Criminally liability is imposed under Road Traffic Act 1988 for failure to
provide a breath specimen when required. Also imposed under the
Children and Young Person’s Act 1933 for failure to send a child to
school.
2. A contractual duty to act
May be contained in the person’s contract (duty to act to save people’s
life). Ex: Pittwood (1902).
3. Duty imposed by their official position
Can be imposed where a person is guilty of misconduct. Dytham (1979)
On duty police officer didn’t intervene when a man was kicked to death by
3 men. He was found guilty of misconduct.
4. Voluntarily accepted responsibility for another:
Stone & Dobinson (1977) The court held them guilty of manslaughter as
they owed Fanny a duty of care and failed in that duty. Often linked with
the duty that can be imposed by a special relationship.
5. They have created a dangerous situation:
Miller (1983) He was found guilty of arson as he fallen asleep smoking,
and instead of putting his mattress which was on fire, he moved into
another room and fell asleep again.
Santana-Bermudez (2003) Suspect failed to warn the police woman
that he had needles when she was conducting a search resulting in her
bleeding.
6. Special relationship:
Usually created in a parent-child relationship – a parent has a duty to care
for their children. Gibbons and Proctor (1918): parents' failure to feed her
daughter which died because of it resulted in them both being convicted
of murder.
Khan (1988) Drug dealer was found not to have a duty to care of his
clients, manslaughter conviction was quashed.
o A state of affairs:
The defendant has not acted voluntarily but has nonetheless been
convicted of a crime.
Actus Reus will be different for each crime.
Involuntary manslaughter and Omissions
The involuntary manslaughter can be committed either by an unlawful
and dangerous act or by gross negligence. Unlawful, dangerous act
manslaughter requires positive act, cannot be committed by an omission.
Lowe (1973) defendant was of low intelligence. His 9-week-old baby got
sick and died. He said that he told the mother to take him to the doctor.
His conviction of manslaughter was quashed. He should’ve been charged
with gross negligence manslaughter as it could be committed by an
omission as he owed the chid the duty of care.
