Chapter 1: Actus Reus – ATC Foundation in Law

Vocabulary flashcards covering key concepts, cases, and doctrines related to actus reus, omissions, and duties from the ATC notes.

Actus Reus (AR)

The conduct element of a crime: the D’s prohibited act or omission, possibly combined with the surrounding circumstances and the resulting harm; may be a continuing act.

Mens Rea (MR)

The mental element of a crime: the state of mind such as intention, recklessness, or negligence; the ‘guilty mind’ required for liability.

Conduct Crimes

Crimes where proof of the prohibited act alone suffices; no need to prove a particular result (e.g., possession of drugs).

Result Crimes

Crimes where both the act and the resulting prohibited outcome must be proven (e.g., murder).

Voluntary Act

Offences usually require a voluntary act, but there are exceptions including omissions, states of affairs, and liability for another’s actions.

Omission

Failure to act; generally not criminal unless there is a duty to act (statutory, contractual, automatic, or voluntarily assumed).

Statutory Duty

Duty to act arising from statute (e.g., Road Traffic Act 1988 s.6 requiring breath samples when asked).

Contractual Duty

Duty to act arising from a contract (e.g., Pittwood: gatekeeper’s duty to close the gate).

Gibbins and Proctor (1919)

Automatic duty to act: parents’ failure to feed a child can result in murder; duty arises from the relationship.

S.5 Domestic Violence, Crime and Victims Act 2004

Statutory offence of causing or allowing the death of a child.

Emery (1993)

A parent who stands by and allows harm to a child can be guilty of an offence.

Evans (Gemma) [2009]

Mother who failed to summon help for her daughter who collapsed after heroin; guilty of manslaughter.

Sheppard (1862)

No duty owed to an 18-year-old daughter; duty to a child may end upon reaching majority.

Hood (2003)

Spouses have a duty to assist each other if they are in peril.

Lewin v CPS [2002]

Friends generally have no duty to summon help; inability or refusal to act may not incur liability.

Smith (1826)

Siblings generally have no duty to act toward each other.

Stone and Dobinson [1977]

Duty to act can arise from voluntarily assuming care; failure to summon help despite some effort can sustain liability.

Fagan v Metropolitan Police Commissioner (1969)

Continued act: battery AR persisted while the car remained on the officer’s foot; MR formed later; the entire incident treated as one continuing act.

Miller [1983]

Creation of dangerous circumstances; omission to prevent harm can satisfy AR if the defendant had a duty to act once danger was created.

Dalloway (1847)

But-for causation in omissions; to convict, it must be shown that but-for the act, the harm would not have occurred.

Speck [1977]

An act can be considered an act even if it resembles an omission; CA treated a passive act as an action for AR.

Airedale NHS Trust v Bland [1993]

Autonomy and best interests in medical treatment; doctors may discontinue treatment for an unconscious patient if in the patient’s best interests or if continued treatment has no benefit; Bolam test and self-determination principles apply.