Conduct: acts, omissions and state of affairs Flashcards
What do most crimes require?
-actus reus and mens rea.
-guilty acts and guilty mind.
What is meant by a result crime?
-require the actus reus to cause a particular result.
What is meant by a conduct crime?
-something where the actus reus is simply prohibited.
e.g. Guilty of perjury if lie under oath.
What is meant by state of affairs?
-require circumstances to be occuring.
Which cases go with a state of affairs?
-R V Winzar (1983)
-R V Larsonneour
R V Winzar?
-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.
R V Larsonneour
-Defendant deported out of Ireland to UK
-Guilty of being illegally in the UK.
What is meant by a consequence/ result crime?
-crimes that require the defendant to cause a particular result.
-E.g. the level of harm caused by a punch.
What is meant by an omission?
A failure to act.
-failing to do something you are under obligation to do.
What is the general rule in the UK in regard to omissions?
-no obligations to strangers, if you see a child drowing and can easily save them, you are under no obligation to save that child.
In which situations will the defendant be liable for a failure to act?
Duty situations
- Statutory duty
- Contractual duty
- Public duty
- Voluntarily accepted duty
- created dangerous situation.
- Special relationship
What is an example of statutory duty?
Childrens and Young Persons Act 1933.
Welfare, employment and young offenders.
What is a case example of statutory duty?
R V Pittwood
R V Pittwood
-left level crossing open during lunch break
-cart hit by train
-failed to perform his contractual duty of closing the gate.
What is a case example of public duty?
R V Dytham