Conduct: acts, omissions and state of affairs

Question 1

What do most crimes require?

Answer 1

-actus reus and mens rea.

-guilty acts and guilty mind.

Question 2

What is meant by a result crime?

Answer 2

-require the actus reus to cause a particular result.

Question 3

What is meant by a conduct crime?

Answer 3

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

Question 4

What is meant by state of affairs?

Answer 4

-require circumstances to be occuring.

Question 5

Which cases go with a state of affairs?

Answer 5

-R V Winzar (1983)
-R V Larsonneour

Question 6

R V Winzar?

Answer 6

-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.

Question 7

R V Larsonneour

Answer 7

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

Question 8

What is meant by a consequence/ result crime?

Answer 8

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

Question 9

What is meant by an omission?

Answer 9

A failure to act.

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

Question 10

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

Answer 10

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

Question 11

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

Duty situations

Answer 11

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

Question 12

What is an example of statutory duty?

Answer 12

Childrens and Young Persons Act 1933.

Welfare, employment and young offenders.

Question 13

What is a case example of statutory duty?

Answer 13

R V Pittwood

Question 14

R V Pittwood

Answer 14

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

Question 15

What is a case example of public duty?

Answer 15

R V Dytham

Question 16

R V Dytham

Answer 16

-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’

Question 17

What is a case example of voluntarily accepted duty?

Answer 17

R V Stone and Dobbinson.

Question 18

R V Stone and Dobbinson

Answer 18

-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.

Question 19

What is a case example of created dangerous situation?

Answer 19

-R V Miller

Question 20

R V Miller

Answer 20

-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

Question 21

What is a case example for special relationship?

Answer 21

R V Gibbons and Proctor

Question 22

R V Gibbons and Proctor?

Answer 22

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