Actus reus
Topic
Actus Reus
Actus reus is a fundamental concept in criminal law, referring to the physical element of a crime. It encompasses all the external components of a criminal offence, excluding the mental state of the perpetrator, which is covered by mens rea. The term "actus reus" is Latin for "guilty act," and it is crucial in establishing criminal liability as it represents the conduct that the law prohibits.
Components of Actus Reus
Actus reus consists of three main components: conduct, circumstances, and consequences. All three elements must be present in many criminal offences, though some offences may only require conduct and circumstances.
- ★ Conduct: This refers to the physical acts or omissions performed by the defendant. The nature of the conduct can vary widely, from actions like theft or assault to failures to act, such as failing to prevent harm when there is a legal duty to do so.
- ★ Circumstances: These are the contextual factors that must be present for the conduct to be considered criminal. For example, taking property constitutes theft only if the property belongs to another person.
- ★ Consequences: Certain crimes require a specific result, such as the death of a victim in homicide offences or damage to property in criminal damage cases. The prosecution must prove that the defendant's conduct caused these consequences.
Case Law: R v. Miller (1983)
In R v. Miller, the defendant accidentally started a fire but failed to take any action to extinguish it or prevent it from spreading. His omission to act, when he was aware of the danger, constituted the actus reus of criminal damage due to his failure to rectify a hazardous situation he had created.
Types of Actus Reus
Actus reus can manifest in different forms depending on the nature of the offence:
- ★ Commissive Act: This involves an active deed, such as hitting someone in an assault case.
- ★ Omission: An omission occurs when an individual fails to act when there is a legal duty to do so, such as a lifeguard failing to save a drowning person.
- ★ State of Affairs: In some cases, the actus reus may consist of a certain state of affairs, where the defendant is found in a prohibited situation, such as being unlawfully present in a restricted area.
Case Law: R v. Larsonneur (1933)
In R v. Larsonneur, the defendant was deported from Ireland to England against her will and was charged with being an illegal alien in the UK. The case demonstrated that actus reus could involve a "state of affairs" where the defendant's presence in a particular situation was sufficient to constitute the offence.
Causation
Causation is a critical aspect of actus reus, particularly in offences requiring a harmful consequence. The prosecution must establish both factual causation (the 'but for' test) and legal causation (proving the defendant's act was the substantial and operating cause of the result). This ensures that the defendant's conduct is sufficiently connected to the resulting harm.
Case Law: R v. White (1910)
In R v. White, the defendant put poison in his mother's drink intending to kill her, but she died of a heart attack before the poison could take effect. The court held that although the defendant had the intent, the actus reus was not the cause of death, demonstrating the importance of establishing causation in criminal liability.
Conclusion
Actus reus is a crucial element in the construction of criminal liability, representing the physical manifestation of a criminal offence. Understanding its components and the various forms it can take is essential for determining whether an individual's actions constitute a criminal act. The requirement to establish causation, especially in result crimes, adds another layer of complexity, ensuring that liability is appropriately assigned. Legal professionals must thoroughly examine the evidence of conduct, circumstances, and consequences to ascertain the presence of actus reus and to effectively argue cases in criminal law.