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State of affairs crimes: where the actus reus involves the person existing in a defined state of affairs. Crime of omission: where the actus reus is the failure to act or prevent a particular result/state of affairs. Many crimes encompass multiple kinds of actus reus.
The actus reus in criminal law consists of all elements of a crime other than the state of mind of the defendant. In particular, actus reus may consist of: conduct, result, a state of affairs or an omission. Conduct - the conduct itself might be criminal.
State of affairs offences. These are offences that criminalises a defendant being found in a particular circumstance at a particular time, irrelevant of how they got there, thus they are an exception to the voluntary principle of actus reus. For example, being drunk on a public highway.
“state of affairs” cases (actus reus) R v Larsonneur (1933) The defendant was a French national who had entered the UK lawfully, but was given only limited permission to remain in the country.
‘State of Affairs’ as an actus reus. A crime may be defined as to have no ‘act’ in general terms, no need for any ‘willed muscular movement’ – called ‘status’ or ‘situation’ offences.
The chapter begins the exploration of the elements of criminal offences. Two factors are crucial: the event, behaviour or state of affairs known as the external element or actus reus, and the state of mind known as the mental element or mens rea.
The actus reus in criminal law consists of all elements of a crime other than the state of mind of the defendant. In particular, actus reus may consist of: conduct, result, a state of affairs or an omission. Conduct - the conduct itself might be criminal.
