Actus Reus Omission Flashcards
What is the primary focus of criminal law?
To establish principles of criminal liability.
What is the actus reus?
The guilty act in a crime.
What is mens rea?
The guilty mind or intention behind a crime.
What must the actus reus be for a defendant to be found guilty?
Voluntary.
What happens if a defendant has no control over their actions?
No offence has been committed.
In which case did the judge rule that a driver was not acting voluntarily?
Hill v Baxter (1958).
What was the outcome of the case Mitchell (1983)?
The defendant was convicted of unlawful act manslaughter.
True or False: A defendant can sometimes be liable for actus reus even if their actions were involuntary.
True.
What is the significance of the case Larsonneur (1933)?
The defendant was convicted despite being deported against her will.
What constitutes a conduct crime?
Merely driving with excess alcohol in your bloodstream.
What is the relevant statute for drink driving in the UK?
s5(a) of the Road Traffic Act 1988.
What was the outcome of Marchant and Muntz (2003)?
Convictions of dangerous driving were quashed.
What can create liability for an omission?
An Act of Parliament.
What is a statutory duty in the context of omissions?
Legal duty to provide a breath specimen when requested.
What creates a contractual duty?
A contract specifying certain duties.
Who typically has a duty of care in a parent-child relationship?
The parent.
What is a duty undertaken voluntarily?
When a defendant willingly accepts a duty of care for another.
What does duty through an official position imply?
A police officer failing to act when required by their role.
What is a duty because of a chain of events?
When a defendant creates a dangerous situation and fails to act.
What was the ruling in Airedale NHS Trust v Bland (1993)?
Doctors could withdraw artificial feeding in Bland’s best interests.
Fill in the blank: A person can be guilty of an omission if they fail to act due to a _______.
Statutory Duty.
Fill in the blank: A duty can exist in a relationship, such as _________.
Parent-child.
