Actus reus: lesson 2 Flashcards
What is criminal law concerned with?
Liability of individual for wrongdoing against state/individual/ state
What is Actus reus?
- voluntary deliberate act
- act by omission
- proven beyond reasonable doubt
What is mens rea?
- guilty mind
- intent to commit crime
- must understand what was happening when crime was committed
- must understand consequences
What does the criminal process do?
- decides whether crime was committed
- decides sentence
- consist of:
1) police investigation
2) prosecution decision making
3) court processing
4) sentencing
Where are crimes sentenced?
- serious crimes at Crown Court
- less serious crimes Magistrates Court
What are the guidelines used to help make decisions on sentencing?
- punishing defendant
- reducing crime
- rehabilitation of defendant
- protecting public
- reparation
What does Section 20 offences against person act 1861 say Actus Reus is?
1) unlawful
2) consequence causing injury to victim
3) wound or GBH
What is an example of an involuntary act?
Hill v Baxter 1958
- driver had unknown illness and was driving semi-conscious so Actus reus wasn’t there
What is an omission?
Failure to act when you have a duty to act
When do you have a duty to act?
- contract requires him to act
- public position requires him to act
- act of parliament requires him to act
- where a person fails to minimises harm they caused
- when a person voluntarily takes on duty
What is an example of a persons contract requiring them to act?
Pittwood 1902
- defendant employed by railway company to operate gateway crossing
- lifted gate to allow cart to pass but didn’t close it before going for lunch
- horse and cart crossed track through open gate and got hit and killed
What is an example of a persons contract in a public position being required to act?
Dytham 1979
- police officer witnessed death of nightclubber but took no action to help as he’d have to stay beyond his shift
What is an example of when an act of parliament that requires a person to act?
Children and young peoples act 1933
What is an example of someone who fails to minimise harm caused from their act?
Miller 1983
- defendant spent evening drinking and returned to property where he was squatting
- lit cigarette but fell asleep causing fire
- when he saw fire he didn’t try to put it out but instead moved rooms to sleep causing whole house to catch fire
What is an example of someone who took on a duty but failed to act?
Stone & Dobinson 1977
- defendants S &D took in S’s sister as a lodger
- S was partially deaf and blind & D had learning difficulties
- S’s sister became unable to care for herself so D made efforts to help but S’s sister passed away
- they had a duty to care for her as she was lodging with them
