Actus reus and omissions Flashcards
What is required to prove most crimes?
Most crimes are fault based which means that they require an actus reus and a mens rea.
What is a consequence crime?
A crime which requires the original actus reus to cause a particular end result.
What is a strict liability crime?
A crime which requires an actus reus only, there does not need to be any mens rea.
What does voluntary conduct mean?
Acts can only be considered guilty if the defendant committed them voluntarily, if they were forced or had no control over their action then they will not be found guilty.
What are the types of actus reus?
- Conduct crimes- any prohibited conduct.
- State of affairs- these require a state of affairs to be occurring, don’t have to do anything.
- Consequence crimes- crimes which cause a particular end result.
- Omissions- are committed by a failure to act when they had an obligation to do so.
How can an omission be committed?
- Contractual duty
- Statutory duty
- Professional duty
- Voluntary acceptance of responsibility
- Creation of a dangerous situation
- Special relationship
Whats contractual duty?
A duty which arises due to a contract e.g. someones job.
What happened in Pittwood?
Was a gatekeeper who left the gate open and went for lunch, a cart driver was hit by a train.
Convicted of manslaughter as he had failed to perform his contractual duty.
Whats a professional duty?
Where a person has an occupation which requires them to protect others.
What happened in Dytham?
A police officer watched a man being kicked to death but failed to intervene.
Guilty of misconduct in public office as had neglected to protect the victim.
What is voluntary acceptance of responsibility?
When a person undertakes a role to care for another, if they fail to act then they have liability.
What happened in Stone and Robinson?
A couple of low intelligence took on his anorexic sister, she became increasingly ill and eventually died of infected bed sores.
Convicted of manslaughter, they had taken on a duty to look after her and if they had of acted then she would not have died.
What is creation of a dangerous situation?
When a person creates a dangerous situation they have a duty to act in a way to try and remedy the situation.
What happened in Miller?
Was a squatter in a house and fell asleep with a lit cigarette, the mattress caught fire and when he awoke he did not try to put out the fire or call for help but moved to another room and went back to sleep.
Convicted of criminal damage as he had responsibility to limit harmful effects.
What is a special relationship?
A relationship such as a parent of a child, they owe a duty to look after and care for their child.
