actus reus and omission Flashcards
Why is the concept of auctus reus and mens rea important ?
Because it is needed in order to find anyone guilty of a criminal offence
What is meant by Actus Reus ?
This is the doing part of the offence ie stabbing and kicking which means that the defendant must have done voluntarily
ie the case of Hill v Baxter
What is the case that establishes actus reus ?
Hill v baxter
What is an action crime ?
This is where the actus reus is just an act and the consequences are immaterial
What is an result crime ?
This is where the d’s behaviou produces a result ie the murder must cause the victims death
- Result crimes raise the issue of causation
What is meant by state of affairs ?
This is where someone can be committed for belonging to an organisation or being in a place where they shouldn’t be
- The actus reus is involuntary ie in winzar v chief constable of kent
What is meant by Omissions ?
This is where the law imposes a duty to act , this means that a person can be criminally liable for doing nothing
What are the six circumstances in which there is a duty to act ?
- Duty imposed by statue
- Duty imposed by contract
- Duty imposed by public office
- Duty imposed by special relationship between D and V
- Duty arising from the assumption of care of another
- Duty arising from a dangerous situation
Explain what is meant by duty to act by statute
This means that a statue imposes responsibility ie the children and young persons act 1933 which imposes a responsibility to act on parents eg in R V LOWE
- Road traffic act 1988 which imposes a duty to provide a police officer with a breath speciman and give insurance details in an accident
- Domestic violence crime and victims act 2004 which created the offence of familia homicide ie in Mujuru as he had a duty to act and failed to take reasonable steps to protect V’s daughter
What is the statue that makes it a duty /responsibility for parents to act
Children and young persons act 1933- in the case of R V LOWE
What case can be used to show that parents have a duty to act ?
R V LOWE
What statue imposes a duty to act regarding breath speciman and providing insurance details
The road traffic act 1988
What statue imposes a duty to act / creates responsibility too act regarding domestic violence ?
The Domestic Violence and Victims Act 2004 - Majuru
What case shows a duty to protect children under the DVCV ACT 2004
MUJURU - where the d knew her partner had a history of violent behaviour but left the baby in his care. - she failed to take the reasonable steps to protect her daughter
What is meant by duty imposed by contract ?
This means that a person may be liable for an offence if they fail to act under there contractual duty ie in the case of:
- Pitwood - failed to close the gate which resulted in the death of the victim
- Adomako - convicted of manslaughter because he failed to notice a vital breathing tube
What cases illustrate a contractual duty ?
Pitwood- failed to fulfil contractual duty by leaving gate open
Adomako - failed to acknowledge breathing tube disconnected which lead to the death of the Victim
What is meant by duty imposed by public office ?
This is where a public body/ official has a duty to act in certain situations and may be liable if they don’t ie
Dytham - it is an offence for a police officer to neglect his duty where he watched a man get beat up and did nothing
What case illustrates a duty imposed by public office ?
Dytham - police officer watched a man get kicked and did nothing which resulted in him being seriously injured
What is meant by a duty imposed where there is a special relationship between the parties ?
The courts have recognised that where there is a special relationship between paries such as children and parents , husband and wife they owe each other duties ie :
- Gibbins and Proctor- This is where D’S failed to feed child even though there was money given to feed her .D’s were under a duty to act
- R v instan -D’s failed to get her aunt any medical help -
What cases illustrate a duty to act because of a special relationship ?
Gibbins v Proctor- Duty to take care of the V
- R v Instan - Failed to get V medical help
What is meant by duty arising from the assumption of care of another
This is where is a duty to act if someone voluntarily chooses to take care of another ie R v Instan
- The leading case is R Stone and Dobbinson where there was a duty to summon effective medical help
Evaluations
- The law on omissions specifically a duty to act arising from the assumption of care of another can be seen as harsh and confusing as there is a lack of clarity on how far defendants are are expected to go regarding there duties
R V stone and dobbinson - the law on omissions does not acknowledge learning difficulties that may delay there
Explain a duty arising from the creation of a dangerous situation
This is where a person is under a duty to act if they create a dangerous situation ie
- R v MILLER
What cases illustrate a duty arising from the assumption of the care of another
R v Stone and Dobbinson - where there was a duty to act