Conduct: acts, omissions and state of affairs Flashcards

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1
Q

What do most crimes require?

A

-actus reus and mens rea.

-guilty acts and guilty mind.

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2
Q

What is meant by a result crime?

A

-require the actus reus to cause a particular result.

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3
Q

What is meant by a conduct crime?

A

-something where the actus reus is simply prohibited.
e.g. Guilty of perjury if lie under oath.

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4
Q

What is meant by state of affairs?

A

-require circumstances to be occuring.

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5
Q

Which cases go with a state of affairs?

A

-R V Winzar (1983)
-R V Larsonneour

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6
Q

R V Winzar?

A

-homeless man in a hospital who was drunk and disorderly.
-A police officer escorted him out to a road. He was then charged for being drunk and disorderly on a road.

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7
Q

R V Larsonneour

A

-Defendant deported out of Ireland to UK
-Guilty of being illegally in the UK.

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8
Q

What is meant by a consequence/ result crime?

A

-crimes that require the defendant to cause a particular result.
-E.g. the level of harm caused by a punch.

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9
Q

What is meant by an omission?

A

A failure to act.

-failing to do something you are under obligation to do.

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10
Q

What is the general rule in the UK in regard to omissions?

A

-no obligations to strangers, if you see a child drowing and can easily save them, you are under no obligation to save that child.

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11
Q

In which situations will the defendant be liable for a failure to act?

Duty situations

A
  1. Statutory duty
  2. Contractual duty
  3. Public duty
  4. Voluntarily accepted duty
  5. created dangerous situation.
  6. Special relationship
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12
Q

What is an example of statutory duty?

A

Childrens and Young Persons Act 1933.

Welfare, employment and young offenders.

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13
Q

What is a case example of statutory duty?

A

R V Pittwood

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14
Q

R V Pittwood

A

-left level crossing open during lunch break
-cart hit by train
-failed to perform his contractual duty of closing the gate.

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15
Q

What is a case example of public duty?

A

R V Dytham

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16
Q

R V Dytham

A

-police officer saw a violent fight but chose to ignore it.
-But… the police officer had a public duty to respond. ‘misconduct in public office’

17
Q

What is a case example of voluntarily accepted duty?

A

R V Stone and Dobbinson.

18
Q

R V Stone and Dobbinson

A

-agreed to take in sister with Anorexia- confined to bed- increasingly infected bed sores.
-voluntarily assumed a duty to look after her- failed to summon medical assistance.

19
Q

What is a case example of created dangerous situation?

A

-R V Miller

20
Q

R V Miller

A

-A homeless man was in an unused building smoking. His bed set on fire, and he just left the room and slept next door.
-responsibility to limit effects by calling fire brigade

21
Q

What is a case example for special relationship?

A

R V Gibbons and Proctor

22
Q

R V Gibbons and Proctor?

A

-parent failed to feed child- duty by special relationship.