AR Flashcards
AR
means the guilty act. Could be omission or state of affairs
Conduct Crimes
AR is prohibited behaviour itself eg drink driving. Blood has alcohol. No consequence needed
Consequence Crimes
Some crimes AR must end in a criminal consequence eg. occasioning ABH OAPA. Merchant V Muntz not guilty of driving dangerously bc didn’t kill anyone
Voluntary Nature of AR
Act or omission must be on the part of the defendant. If D had no control over actions then he hasn’t committed an offence. Hill v Baxter
Omissions
Failure to act. General rule in English law is that there is no liability for a failure to act
Statutory Duty
RTA 1988
Contractual
Pittwood
Special Relationship
Gibbins and Proctor- failed to feed child
Dangerous situation
Miller
Duty when in an official position
Dytham
Voluntarily Duty
Stone v Dobisnon
Duty of Doctors
if doctors stop treating patient in best interests not an omission capable of forming AR of a crime . Airedale Trust v Bland.
Thin Skull rule
Take victim as you find them. R v Blaue