actus reus and omissions liability Flashcards
what does actus reus mean?
guilt act
what does mens rea mean?
guilty mind
what does actus reus + mens rea + no defence =?
offence committed
what are the elements of an offence?
actus reus and mens rea
what constitutes actus reus?
-AR includes conduct
-will an omission ever constitute the actus reus of an offence?
-identify AR by subtracting MR from offence- AR covers all the remaining elements
-its wider than conduct and also includes results and circumstances
what must AR be?
voluntary performed and a defence to an involuntary act caused by external factors
what are state of affairs crimes?
offences which are satisfied by proof of certain surrounding circumstances
what is the conventional view?
a should not be compelled to serve b- Williams
what is the social responsibility view?
A should be under a duty to help a stranger B- ashworth
when is there a duty to act?
special relationships
public office
contractual duty
statutory duty
duty to avert a risk created
voluntary assumption of responsibility
omissions- what is the general rule?
no duty of ‘easy rescue’ ie no criminal liability for an omission to act
when does the general rule not apply?
when there is a duty to act
what are special relationships?
when the closer the relationship is there is a more likely chance that the law will impose a duty to act
what examples of special relationships are there and who pointed out these relationships?
parent-child: Downes (1875)
spouses? : Smith (1979)
doctor-patient: Dr Arthur (1981)
what are the voluntary assumptions of responsibility and who stated these?
express/implied undertaking: nicholls (1874)
no blood relationship necessary: (gibbons and proctor (1918)
leading authority: stone and dobinson (1977)
drug cases involving non-familiar relationships: rufflell (2003)
