Core principles of criminal liability - Actus reus

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Overview

Actus reus, the "guilty act," is a vital component of criminal law and a key topic for the SQE1 FLK2 exam. It encompasses the external elements of a crime: the defendant's actions, the context, and the outcomes. A solid understanding of actus reus is essential for evaluating criminal liability and forms the basis for effective legal reasoning in criminal cases.

Elements of Actus Reus

1. Conduct

Conduct refers to the physical act or omission carried out by the defendant. It must be voluntary and under conscious control. The principle of voluntariness ensures accountability only for actions individuals can control.

Voluntariness and Automatism

Voluntariness can be questioned in cases involving:

  • Automatism: An involuntary act caused by an external factor
  • Duress: Actions under immediate threat of serious harm
  • Intoxication: When it renders the defendant unable to form intent

Case Example: R v. Hill (1986)
The defendant, suffering from epilepsy, had a seizure while driving, causing an accident. He was acquitted of dangerous driving due to the involuntary nature of his actions.

2. Omissions

Typically, liability for omissions arises only if the defendant had a legal duty to act. Legal duties may stem from:

  • Contractual obligations
  • Statutory requirements
  • Assumed responsibilities
  • Creation of a dangerous situation

Case Example: R v. Pittwood (1902)
A railway gatekeeper failed to close the gate after a train passed, leading to a collision. The court held him liable for manslaughter, as his job created a legal duty to act.

3. Circumstances

Circumstances are the conditions that make conduct criminal. They define when an act becomes unlawful. Examples include:

  • Driving without a license
  • Possessing a weapon without a permit
  • Selling alcohol to a minor

4. Consequences

For some offenses, known as "consequence crimes," the outcomes of the defendant's actions are key to establishing criminal liability. The actus reus in these cases includes:

  • The defendant's conduct
  • The specific consequence
  • Causation

Case Example: R v. White (1910)
The defendant put poison in his mother's drink intending to kill her. She died of a heart attack before the poison took effect. The defendant was found guilty of attempted murder but not murder, as he did not cause her death.

5. Causation

Causation links the defendant's actions to the outcomes. It involves two tests:

  1. Factual Causation: The "but for" test asks whether the consequence would have occurred "but for" the defendant's actions.

  2. Legal Causation: This test considers whether it is fair and just to hold the defendant responsible for the outcome, considering factors such as:

    • Proximity
    • Foreseeability
    • Intervening acts

Case Example: R v. Roberts (1971)
The defendant sexually assaulted a woman in a car. The woman jumped out of the moving car to escape, injuring herself. The defendant was found guilty of causing her injuries, as his actions directly led to her injuries.

State of Affairs and Strict Liability

Some offenses, termed state of affairs offenses, do not require active conduct by the defendant. In strict liability offenses, liability exists regardless of mens rea, focusing solely on actus reus.

Example: Food Safety Violation
A food vendor unknowingly sells contaminated goods, resulting in customer illness. The actus reus includes:

  • Conduct: Sale of contaminated products
  • Circumstances: Breach of public health standards
  • Consequences: Health impacts on consumers

Contemporary Challenges

Cybercrime and Virtual Conduct

The rise of cybercrime has led to a re-evaluation of traditional actus reus concepts, especially in cases of virtual theft or fraud, where issues arise about the nature of the 'act' and its location.

Corporate Criminal Liability

Determining actus reus in corporate crime cases involves complex analysis of organizational behavior and decision-making. The identification principle, established in Tesco Supermarkets Ltd v Nattrass [1972], attributes criminal acts of controlling officers to the company itself, though this approach faces challenges with modern corporate structures.

Conclusion

Understanding actus reus is essential for success in the SQE1 FLK2 exam and future legal practice. Key aspects include:

  1. Actus reus comprises conduct, circumstances, and consequences.
  2. Voluntariness is critical for establishing criminal liability.
  3. Omissions can lead to liability when there's a legal duty to act.
  4. Causation must be shown in consequence crimes.
  5. Some offenses are based on a state of affairs or strict liability.
  6. Contemporary challenges include cybercrime and corporate liability.

By understanding these principles, you'll be well-prepared to analyze complex scenarios, apply relevant case law, and address the details of criminal liability in the SQE1 FLK2 exam and beyond.