ELEMENTS OF AN OFFENCE: ACTUS REUS

TOPIC OF THE DAY

- DESCRIPTION OF ACTUS REUS

- IDENTIFYING ACTUS REUS

- OMISSION

The Elements of an Offense: Actus Reus

In the Nigerian legal system, understanding the elements of an offense is crucial for establishing guilt beyond a reasonable doubt. Actus reus, a fundamental principle, refers to the physical act or conduct that constitutes a crime. See the Criminal Code Act, Cap C38, Laws of the Federation of Nigeria 2004 which contains provisions defining various offenses and their elements and the Penal Code Act, Cap P3, Laws of the Federation of Nigeria 2004 which is similar to the Criminal Code Act and applies to offenses in Northern Nigeria.

Description of Actus Reus

Actus reus encompasses a wide range of physical acts or conduct that constitutes a crime. It can include actions, threats, or even failure to act (omission) where there's a legal duty to act. For instance, See the case of R v. Oladipo (1956) NWLR 220, where the defendant's act of stealing a car constituted the actus reus of theft.

Identifying Actus Reus

Identifying actus reus involves proving that the accused committed the physical act or conduct prohibited by law. This often requires evidence establishing a causal link between the defendant's actions and the harm caused. See the case of State v. Okoro (2005) 13 NWLR (Pt. 940) 396, where the court held that the actus reus of murder was established through evidence showing the defendant's actions directly caused the victim's death.

Omission

Omission refers to the failure to act when there's a legal duty to do so, resulting in harm to another person or society. This duty to act may arise from a statutory obligation, contractual duty, or a special relationship between the parties. For example, see the case of R v. Izu (1999) 7 NWLR (Pt. 611) 552, where the court found the defendant guilty of manslaughter due to his failure to provide medical assistance to a person in distress, despite having a duty to do so as a medical practitioner.