Actus Reus Flashcards
General elements of liability
R V Mitchell (1983) - important
A person who acts involuntarily (eg knocked into someone by someone else) is not criminally liable
Stephen’s Digest of the Criminal law (1887) - important
An omission does not usually make someone criminally liable. “A sees B drowning and is able to save him by holding out his hand. A abstains from doing so in order that B may be drowned. A has committed no offence”
Road Traffic Act (1988) - important
D can be liable for an omission if they have a statutory duty to act, e.g. a drivers duty to stop after an accident
R v Pittwood (1902) - important
D can be liable for an omission if they have a contractual duty to act, e.g. railway-crossing keeper who does not close the gate.
R v Gibbins and Proctor (1918) - important
D can be liable for an omission if they have voluntarily taken on a duty, e.g. agreeing to look after another’s child.
R v Stone and Dobinson (1977) - important
D can be liable for an omission if they have voluntarily taken on a duty, e.g. agreeing to look after another’s child.
R v Dytham (1979) - important
D can be liable for an omission if they have a duty to act that comes from an official position, e.g. police officer
R v Miller (1983) - important
A failure to call for help after setting in motion a dangerous chain of events (e.g. starting a fire) can make D criminally liable.
DPP v Santa-Bermudez (2003)
D’s failure to tell a police officer about a sharp object in their pocket during a search can make D criminally liable for the omission.
R v Evans (2009)
Children and young persons act (1933)
A parent has a statutory duty of care to feed their child. If they do not do so, their omision makes them criminally liable.
