Actus Reus

Question 1

Actus Reus

Answer 1

The physical act of committing the crime
Eg: unlawful forced to body of victim - battery

Question 2

Omission

Answer 2

D may not do anything to prevent V’s death when under a duty to help V

Question 3

Bratty v AG of Northern Ireland (1963)

Answer 3

Lord denning: The act of the accused should be a voluntary act

Question 4

No ‘Good Samaritan law’

Answer 4

No general duty to act but two requirements:
- the crime has to be capable of being committed by omission
- D must be under duty to act

Question 5

DPP v Santana Bermudez

Answer 5

The crime must be capable of being committed by omission, most leading cases involve murder or gross negligence manslaughter

Question 6

Khan and Khan (1998)

Answer 6

D and E were drug dealers, supplied and left the flat leaving V to die after ingesting a large amount of heroin.
- shows it must be left to just to decide whether on facts a duty was owed, which varies depending on situation

Question 7

Duty arising from contractual liability

Answer 7

If a failure to fulfil a contract is likely to endanger lives, the criminal law will impose a duty to act.

Question 8

Duty arising out a relationship

Answer 8

Parents being under duty to their children

Question 9

Duty arising from the assumption of care for another

Answer 9

Anyone who voluntarily undertakes to care for another person, whether through age, infirmity, illness

Question 10

Duty arising from the creation of a dangerous situation

Answer 10

Where D does an act which created a dangerous situation then, becoming aware of it, he’s under a duty to take all such steps to prevent/minimise harm

Question 11

Gibbons & Proctor (1918)

Answer 11

Father (G) and lover (P) kept nelly separate from other children and deliberately starved to death.
Both adults convicted of murder and COA upheld convictions. G owed Nelly a duty as her father and P was held to have undertaken a duty

Question 12

Stone & Dobinson (1977)

Answer 12

S’s sister came to live with S and D suffering from anorexia and died in bed. Court of appeal upheld their manslaughter convictions as they had assumed a duty of care to his sister. Their lack of effort to look after her amounted to gross negligence

Question 13

Miller (1983)

Answer 13

D was squatting and fell asleep not knowing his cigarette set fire to the mattress. Didn’t do anything about it, just moved rooms. House caught fire, £800 damage. His creation of a dangerous situation imposed a duty onto him to minimise danger.

Question 14

Evans (2009)

Answer 14

D gave heroin to V who self injected, overdosed but no contact of emergency services but put V to bed instead. D and mother convicted of gross negligence manslaughter, conviction upheld based on miller principle

Question 15

Breach of duty to act

Answer 15

• range of statutory crimes that can be committed by failing to act
  Eg: failing to disclose to the police information that another person has committed a certain terrorise offence

Question 16

Dytham (1979)

Answer 16

D was on duty near a nightclub, he was yards away from the door when a bouncer ejected V from club and D watched V get kicked to death. D convicted of the common law offence of misconduct whilst acting as an officer of justice.