Actus Reus

Question 1

What is Actus Reus?

Answer 1

-The physicla element of the crime
-Usually something the D does (an act) however can also be a something the D fails to do (an omission)

Question 2

To turn actions or omissions into guilty acts or omissions what must be proven?

Answer 2

-It must be shown that D’s actions were voluntarily, this becuase the law generally requires positive behaviour to show that the D was acting of their own free will

Question 3

In Bratty what did Lord Denning state?

Answer 3

“The requirment that the act of the accused should be a voluntary act is essential… in every criminal case. No act is punishable if done involuntarily”

Question 4

What case supports the law in that behaviour can be classed as involuntary if D was not in control of their own body?

Answer 4

R v Mitchell
THe D tried to push his way through a queue at the post office. A older man told him off for this and then D punched the man and pushed him. This caused the older man to fall onto a lady who was knocked over, broke her leg and died from here injuries. The actions of the elderly man towards the V were involuntary and thus he was an “innocent agent” and not charged. D was convicted of inlawful and dangerous manslaughter.

Question 5

What are the types of Actus Reus?

Answer 5

1) Conduct Crimes
2)Consequence Crimes
3)Circumstance Crimes
4)Omissions

Question 6

What is a conduct crime?

Answer 6

Ds actions are prohibited. The consequences are immaterial in terms of proving the crime.
e.g Dangerous Driving, the D does not have to injure somone or damage property to be convicted.

Question 7

What is a Consequence Crime?

Answer 7

Ds action must produce a particular consequene. Without the consequence it cannot be that particular offence.
e.g Death by dangerous driving, the act must result in death

Question 8

What is a Circumstance Crime?

Answer 8

Ds circumstances put them in an illegal situation.
This is the exception to the voluntary rule.
(known as absolute liabilty)

Question 9

What happened in Larsonneur?

Answer 9

D, a french national, was ordered to leave the Uk. She voluntarily went to Ireland, but the police deported her back to the UK. She did not want to return to the UK so on her return was involuntary but upon arrival to the UK she was arrested and charged.
(Circumstance Crime)

Question 10

What is an Omission?

Answer 10

This is where D “fails to act” and it leads to harm to a person or property.
-It is generally excepted that individuals are under no duty to act in a particular way in a given situation, however in some circumstances individuals failure to act should be punished.
-This is where there is a relationship between D and V ( the situation that justifies why D can be blamed for the outcome and be prosecuted for it)

Question 11

What are the 6 catergories that identify when D is under a duty to act?

Answer 11

1) Statutory Duty
2) Contractual duty (common law, created by judges)
3) Duty out of relationship
4) Voluntary assumption of care
5) Duty arising out of public duty
6) Creatring a dangerous situation (common law, created by judges)

Question 12

What is Statutory duty ?

Answer 12

-An act of Parliament can make it an offence to fail to do something
e.g S.170 (4) Road Traffic Act 1988, it is an offence to fail to report an accident

Question 13

Evaluate Statutory duty

Answer 13

-The laws are created by Parliament, and thus were deemed neccessary for the country
- The issue was likely the subject of consultation and scrutiny and motivated by protecting the country
-Statue law commonly applies prospectively
- Though it is a law by Parliament, the D is still voluntarily choosing to take part (in most circumstances)
-However, these laws are often made based on hypothetical sitiautions, thus sometimes unforeseen problems can arise

Question 14

What is a Contractual duty?

Answer 14

-Where a contract requires action, D can be punished for their failure to fulfil there contractual role. D is under a duty to act becuase of the legally binding contract and this duty is owed to anyone who may be affected.

Question 15

What happened in the case of Pittwood?

Answer 15

D was the signalman of a railway crossing. He ws employed to ensure the gate was shut when trains were due. D opened the gate but forget to close it when he went to lunch. A person crossing the line was hit and killed by an approaching train. The court deemed that the Ds contract not only meant he owed a duty to his employer but also the users of the crossing, as these people were dependent upon the proer performance of his contract. D was convicted of gross negligent manslaughter.
(contractual duty)

Question 16

What happened in the case of Singh?

Answer 16

D was the landlord of a property of a faulty gas-fire which led to carbon monoxide posioning and the death of the tenants. D was under a duty to manage and maintai the property properly. His failure breached his duty and caused the death, therefore the court deemed it was deserving of 9 months impriosnment.
(contractual duty)

Question 17

What is a duty because of relationship?

Answer 17

-This exists between family members, including grown up children who care for their elderly parents
-Generally, the closer the proximity, the more likely a duty will be imposed

Question 18

Evaluate Contractual Duty

Answer 18

• A contract creates an explicit obligation that the D has voluntarily agreed to, thus it is fair that D is held responsible
  -The imposition of liabilty is entirely foreseeable as it should be quite clear what steps are required to fulfill the contract
• The duty can come to an end by meeting the duty or by terminating the contract, further highlighting that D is voluntarily entering the contract
  -However, some people may not be completely aware as to the extent of their contractual role and responsibilites and not relasie it extends beyond the immediate parties within the contract

Question 19

What happened in the case of Gibbins and Proctor?

Answer 19

Gibbins was the father of several children,including a nine year old gilr called Nelly. Gibbins was living with his lover, P, and her children. They kept Nelly seperate from the other children and deliberately starved her to death. Afterwards they made up a story that she had “gone away” and buried ehr body in the brickyard where Gibbins worked. G owed a duty to Nelly as her father, and P was held to ahve an assumed duty towards Nelly. The omission to failing to feed was deliberate, thus being sufficient mens rea for murder.

Question 20

Evalute a duty becuase of relationship

Answer 20

-Due to this duty requiring sufficent proximity, the imposition of liabilty is relatively clear
-Liability is imposed fairly as the law is doing no more than upholding the moral duty inherent in the relationship in line with sociaetal expectations
-However, it is unclear whne this duty ends, as age can be irrelveant where there is continued reliance

Question 21

What is a duty which has voluntarily been assumed?

Answer 21

-A duty will be owed to anyone who voluntarily cares for another person
-If D takes on responsibilty for another, they will be under a duty to act to continue providing such help

Question 22

What happened in the case of R v Stone and Dobinson?

Answer 22

Stone lived with Dobinson. In 1972, Stone’s sister (the victim) came to live with them. She was mentally ill and initially was capable of looking after herself however her condition deteriorated,, now confined to a bed. Stone and Dobinson both had disabilites. However, on at least one ocassion, Dobinson had help V to wash and prepare food for her. They had tried to find a doctor but failed, when a doctor was called the V had already died. Court of Appeal upheld gross negligent manslaughter convictions.

Question 23

What happned in the case R v Instan?

Answer 23

Instan (the D) lived with her 72 year old aunt, her aunt became unwell and was unable to move and care for herself. D failed to feed V, failed to get medical assistance and even conducted conversations with her neighbours, whist failing to disclose her aunts dire condition. D was convicted of gross negligent manslaughter.

Question 24

Evaluate a duty which has been voluntarily assumed

Answer 24

-Imposing liability for omissions in certain situations is beneficial as it helps prevent carers abandoning their responsibilities and leaving victims to suffer
-In most situations, the D has voluntarily undertaken this duty rather having forced upon them and therefore the law is simply holding the D to their promise
-Deterrers people to not offer care for other unless able to properly fulfil their duty
-However, convictions may be low, especially in cases were D were doing their best and D also had capacity issues
-It is unclear how much help is needed- D may be committing themselves to something they do not know the full extent of, or Vs condition worsens past the extent D can care for or expected
-Ending the duty holds some issues, as the V may believe they do not want any help, therefore would this end the duty

Question 25

What is a duty through one’s official position/public duty?

Answer 25

-The offence “misconduct in a public office” applies to police officers who are under a duty to “ preserve the kings peace, prevent crime and apprehend suspected offenders”

Question 26

What happened in Dytham?

Answer 26

D was an on- duty police officer. He saw V being thrown out of a nightclub. Then there was a fight which 3 men kicked V to death. D took no steps to intervene or to summon help. Once the fight was over, D told a bystander he was off-duty and left the scene. HE was convicted of “misconduct in a public office”.

Question 27

Evaluate a duty through one’s official position/ public duty

Answer 27

• The imposition of lability in such circumstances is entirely fair and justified as public safety relies on these people in such positions
  -It is not unfair to impose a duty as these people chose this as their occupation
  -However, in some situations the public may demand more than the law expects as they are not aware of what is legally expected e.g 10 year old boy Jordon Lyon drowned in a pond. 2 community support officers omitted to enter the water as they lacked “water rescue” training. Instead, in accordance with their role they summoned appropriate officers, however the public disapproved their failure to act

Question 28

What is the duty imposed when creating a dangerous situation?

Answer 28

-If D creates a dangerous situation, they are under a duty to stop or reduce the severity of it
-When the D becomes aware of the danger they created they are under a duty to take all steps within their power to prevent or minimise the harm

Question 29

What happened in Miller?

Answer 29

D was squatting in a house. He had fallen asleep but awoke to find his cigarette he had been smoking caught fire to the mattress. He did nothing to extinguish the fire but instead moved to another room and fell asleep. The house caught fire and £800 damage was caused. HL upheld his conviction as he had created a dangerous situation and did not take any reasonable steps to minimise the danger. Therefore, causing the fire was not what made him duty but rather his failure to take reasonable steps to rectify it.

Question 30

What happened in Evans?

Answer 30

D lived with her 16 year old half sister, the victim, who was a heroin addict and their mother. One day D bought heroin and gave some to the V, who self injected. Later, it was obvious that the V had overdosed but neither D nor their mother contacted the emergency services but instead put her to bed. V died during the night and both the mother and sister were convicted of gross negligent manslaughter. The D had owed a duty of care as she had been aware of the dangerous situation she had created but done nothing to rectify it.

Question 31

Evaluate the duty imposed when creating a dangerous situation

Answer 31

-The liability imposed is rooted in common sense
-D should take responsibility of their actions and try to resolve the problems they created
- D is only required to take “reasonable steps” in the situation
-Moreover, if D is the only one aware of the dangerous situation it is logical to penalise their omission
-However, the definition of a “reasonable act” is determined objectively by the courts assessment.

Question 32

What is the duty of Doctors?

Answer 32

There are occasions when an individual does not have the capability to release someone. In such situations, doctors may decide to stop treating a patient. Where discounting treatment is in their best interest, this duty will had ceased. The omission to provide further care cannot be regarded as an omission to form the basis of Actus Reus

Question 33

What happened in the case of Bland?

Answer 33

Anthony Bland was seriously injuries in the Hillsborough football stadium disaster after being crushed by the crowd in a panic. He was left with brain damage and had been in a persistent vegetative state for over 3 years. The hospital applied for judicial permission to discontinue treatment, the HL granted the permission, discounting treatment was in Bland’s best interest.

Question 34

What is the Good Samaritan law?

Answer 34

-Great debate to decide whether to enforce a Good Samaritan law, which would impose a “legal obligation” to help a stranger in distress rather than a “moral obligation”
-Used in France (can be punished in criminal and civil law for failing to act)

Question 35

Advantages of the Good Samaritan Law
(Why we should impose it)

Answer 35

-Trying to protect every member of society
-Helps reduce the burden on emergency services
-victim more likely to be saved

Question 36

Disadvantages of the Good Samaritan law
(Why we should not impose it )

Answer 36

-someone trying to help may put themselves in a dangerous situation
-Under French law, people can be sued if they make the victims conditions worse
-The ability of the people trying to help may vary
-The risk of being sued may influence there decisions whilst trying to help the victim
-Hard to enforce

Question 37

What Act is enforce in the Uk which does not punish omissions, instead it protects when voluntary assistance is given?

Answer 37

The Social Action Responsibility and Heroism Act 2015 (SARAH Act 2015)