Actus Reus Flashcards
What case upholds that withholding life saving treatment is an actionable omission?
Airedale NHS Trust v Bland
What are the eight omissions which create a duty of care?
Statutory, Contractual, Special Relationship, voluntary assumption of duty; Public office; creation of dangerous situation; withholding Life saving treatment; event or state of affairs
What is the relevance of the case of Pittwood?
A duty was established through a contract.
What case demonstrates a duty by public office?
Dytham
What is the level of proof for the prosecution?
Beyond all reasonable doubt
Name two cases related to contractual duty?
Pittwood & Instan
Name two cases showing duty by special relationship?
‘Smith (1979)’ & ‘Gibbons & Proctor (1891)’
What is a conduct crime?
Where behaviour alone can amount to an offence.
What is ‘derivative liability’?
Where the D had a duty to act - such as through the known omissions.
What is a duty by special relationship?
Where a duty exists due to the D’s relation to the V. such as parents to children, or sometimes Spouse to Spouse.
What is the relevance of Stone & Dobinson?
Voluntary took on duty to care for sick sister, and liable for her death.
Give an example of a statutory duty?
Road Traffic Act S.1(2)(a) of the Children and Young Persons Act 1933
What is a voluntary assumption of a duty of care?
Where the D takes on a duty by their own actions or will.
What duty does Miller [1983] and Santa Bermudez [2003] illustrate?
Duty by creation of a dangerous situation
What is the relevance of the case of Instan?
An oral agreement can amount to a contractual obligation.
What is a result crime?
Offences where the consequence of an act is the actus reus element.
What is a specific intent crime?
A crime that requires intention. Recklessness is not enough to amount.
What is ‘direct liability’?
Where an omission is part of the AR of an offence.
What is an omission?
A failure to act.
What is the definition of AR?
An act or omission or other event indicated in the definition of the crime with any surrounding circumstances.
What does Larsonneur & Winzar demonstrate?
Actionable omission from Event or State of Affairs.
What case illustrates a duty by creation of a dangerous situation?
Miller [1983] & Santa Bermudez [2003]
Does a police officer have a duty, and if so what is this duty called?
Yes - Duty by public office. Where an official has a duty to act.
