What is meant by the term 'actus reus' in criminal law?

The actus reus is the physical or external element of a crime, comprising the guilty act, omission, or state of affairs required by the offence definition.

How can a positive act constitute the actus reus of an offence?

A positive act constitutes actus reus when the defendant performs a physical action that satisfies the conduct element of the offence, such as striking someone in assault.

What is the general rule regarding omissions and criminal liability?

An omission can only form the actus reus where the defendant was under a legal duty to act; there is no general duty to act in English law.

Explain how a contractual duty can create liability for failing to act.

If a person's contract requires them to perform certain acts for the safety of others, breach of that duty by omission can form the actus reus of a crime.

OCR A-Level Law H418

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General Elements of Criminal Liability

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General Elements of Criminal Liability

Actus reus: acts, omissions and states of affairs

5 things to know
Component 1

Overview

Recall questions on voluntary acts, state of affairs offences and R v Larsonneur, and on when an omission creates liability through contractual, statutory, relationship, assumed and created duties, as in R v Pittwood, R v Stone and Dobinson, R v Gibbins and Proctor and R v Miller.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Evaluation

What is the significance of R v Larsonneur for state of affairs liability?

Key term

What were the facts of R v Pittwood and why was the defendant liable?

Key term

Why was the father in R v Gibbins and Proctor convicted of murder by omission?

Key term

Why must the defendant's conduct be voluntary for criminal liability to arise?

Key term

Name the five recognised sources of a legal duty to act.

Questions from this subtopic

Each one with the model answer underneath.

1
What is meant by the term 'actus reus' in criminal law?
Model answer
The actus reus is the physical or external element of a crime, comprising the guilty act, omission, or state of affairs required by the offence definition.
2
Why must the defendant's conduct be voluntary for criminal liability to arise?
Model answer
Criminal liability requires voluntary conduct because the law only holds individuals responsible for actions within their conscious control; involuntary movements or reflexes cannot form the basis of a guilty act.
3
How can a positive act constitute the actus reus of an offence?
Model answer
A positive act constitutes actus reus when the defendant performs a physical action that satisfies the conduct element of the offence, such as striking someone in assault.
4
What is the general rule regarding omissions and criminal liability?
Model answer
An omission can only form the actus reus where the defendant was under a legal duty to act; there is no general duty to act in English law.
5
Name the five recognised sources of a legal duty to act.
Model answer
Statutory duty, contractual duty, voluntary assumption of responsibility, creation of a dangerous situation, and a special relationship.
6
Explain how a contractual duty can create liability for failing to act.
Model answer
If a person's contract requires them to perform certain acts for the safety of others, breach of that duty by omission can form the actus reus of a crime.

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