Criminal Law Flashcards
How can a person be liable for a crime
Actus reus + Mens Rea = Criminal Liability
What does Actus reus stand form
The guilty act
What does conduct crimes mean
The prohibited behaviour itself forms the actus reus the offence, e.g. perjury (lying in court)
What does result crimes mean
The actus reus must result in a certain outcome, e.g. V must die for there to be the actus reus of murder
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Requires causation to be established
What does an act mean and what is a key case example
Must be voluntary
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Hill v Baxter
D ran through a stop sign and collided with another vehicle. He was charged with failing to stop at a sign and dangerous driving. D said he could not remember anything of the incident.
Held: The actus reus must be voluntary. D failed to provide enough evidence to prove that his actions were involuntary. As a result he was convicted
The judge noted that being chased by bees would be an involuntary act, not forming an actus reus
What does omissions mean
Failure to act
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Not an actus reus unless D has a duty to act
What does omission by duty arising from a special relationship and give a key case
Parents will be guilty if their failure to care for their children causes
harm
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R v Gibbins and Proctor
D’s lived together. They withheld food from their first defendants daughter and she starved to death.
Held: Gibbins and Proctor had a duty to care for V, as her father and caregiver had a duty to act to ensure she was looked after and was fed, their omission to do so formed the actus reus of murder.
What does omission by voluntary care mean and give a key case
If you volunteer to care for someone then you are liable for any failure to take
good care if they are harmed
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R v Stone and Dobinson
D’s were of intelligence. Their elderly sister, V came to live with them. When she fell ill they failed to get help. V died.
Held: D’s has assumed a duty to act when they started looking after V. Their omission to help formed the actus reus of manslaughter.
What does omission by professional duty mean and give a key case
If you don’t do what is in your contract and someone is harmed you are
guilty of causing the harm.
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R v Dytham
D was a police officer on duty outside a nightclub at 1:00 in the morning. A fight broke out during which a man was kicked to death. D did nothing to intervene, and drove home 2hen the fight was over.
Held: As D has a public duty to act, his omission to intervene formed the actus reus of misconduct in a public office.
What does omission by duty to advert one’s own making mean and give a key case
If you create a dangerous situation then you are liable for any failure to stop the
situation you have created
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R v Miller
D, a vagrant fell asleep with a lit cigarette in his hand. His mattress caught fire. He awoke and rather than putting the fire out he moved to another room in the squat.
Held: As D had created a dangerous situation or set in the motion a chain of events he has a duty to act to put the fire out. His omission to do so formed the actus reus of arson.
What are the six types of omission
Contractual duty
Professional duty
Voluntary care
Duty to advert one’s own making
Duty from a special relationship
Statutory duties
What does omission by contractual duty mean and give a key case
If you don’t do what is in your contract and someone is harmed, you
are guilty of causing the harm.
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D’s job involved closing the gate at a level crossing when a train passed. D opened the gate to let someone cross and omitted to put it back down. A hay cart crossed the tracks and collided with a train, killing the train driver.
Held: As D had a contractual duty to act his omission to close the gate formed the actus reus of manslaughter.
What does omission by statutory duty mean
Road Traffic Act 1988
Failing to report an accident is an omission, failing to give a breath
sample is an omission.
