Actus Reus Flashcards
Actus Reus
External element (Turner Kenny - such result of human conduct as thelaw seeks to prevent”
Simester and Sullivan on Ar and Ommisions
” Where behaviour is arequired part of the AR, standardlegal doctrne stupulatese the behaviour requiresment is apositive act by D” Only when D has duty to intevene and prevent prohibited harm from occuring; but fials to do so can Ar be fulfilled ommision.
Statutory Duty
e.g Children and Young Person’s Act 1933
Duty Imposed on persons w/ special relationship to the victim
Gibbons &Proctor (1918)-D charged w murder on basis of deliberate failure to deed infant. Argued allowing death =/= Ar. Courts held it did. She had duty to act.
Evans?
Spouses
Smith 1979: Spouse released froom duty to act… provided the victimhas the capacity to make rational decisions.
o Similarly unmarried partners have no duty People v Beardsley (1967)
Duties Imposed on persons assuming a particular responsibilty
Stone & Dobinson [1977] S and his mistress D, held to be responsible for care of S’s sister, who died from combination of anorexia nervosa and their incomeptent neglect. Both concted on manslaughter.
Duty arising under contract
o Pittwood (1902)- D had employed by a railway company to keep the gate at level crossing. He went to lunch forgetting to close the gate. A haycart subsequently entered the crossing was struck by a train. D was convicted of manslaughter.
Duties imposed on person with a special relationship to the harm
Miller [1983]-vagrant set fire to matress w/ cig while sleeping. Wakes up sees fire and moves to other room continues sleeping. House caught fire D charged w/ arson. HOL: M commited arson by omission to deal with fire.
Some offences cannot be commited by omissions
- > Excludde liability by speccifying the type of behaviour that is required s.32 OAPA 1861 makes it an offence (inter allia) to “put” or “throw”
- > Rape requires sexual intercourse
- > Glanville williams- Assault
Distinguish acts from omissions
- > Acts require bodily movements- Simester Sullivan
- > Prohibiting omissions rules out many more choices than prohibiting acts.
Crimes involving states of affairs
Situational liability
There are crimes which penalize defendants for situations they find themselves in.
Larsonneur [1933]
D left England after visa expired. She was deported back to England for Ireland. Then charged her of ‘being found in the UK’ contrary to the Aliens Order [1920].
Criticism of Strict Liability
S& S Criticise lack of voluntaryaction needed for her liability.
Ashowrth- Criticized that there was no behavioural element required. S&S think there’s nothing wrong w/ not having a behavioural element.
Crimes of Posession
- > Exist due to evidential issues and to curtail the harm that Is really objected to being the use.
- > Justified by possession sometimes being a voluntary act.
