Criminal law ( Actus Rea) (P2) Flashcards

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1
Q

what is actus rea?

A
  • Actus rea means guilty act , the physical element.
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2
Q

what is voluntary acts?

A
  • Voluntary act is a bodily movements guided by conscious thought. It is consciously chosen action.
  • The law expects every person to take responsibility for her own actions and anticipate the natural consequences.
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3
Q

what is involuntary acts?

A

-if D has lost physical control over his actions through no fault of his own, then the acts are not voluntary and no offence has been committed.
types of involuntary actions:
1- third party act
2- Hill v Baxter
3-state of affairs crimes

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4
Q

R V MITCHELL

A

-

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5
Q

HILL V BAXTER

A
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6
Q

R V LARSONNEUR

A

d deported to Ireland from England without her permission and the act was involuntary

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7
Q

What are omissions?

A

An omission refers to a failure to act

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8
Q

what are the exceptions to the rule on omissions?

A

there are exceptions to the rule that an omission cannot make a person guilty of an offence If a person has a duty to act because of one of these criteria and they fail to act then they can be liable for the consequences of their failure to act.

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9
Q

what are the six ways in which such a duty to act can arise? ( 3 COPS )

A

1-contract
2-carer
3-conduct
4-official
5-parental
6-statutory

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10
Q

contract

A
  • individuals may be contracted to act in a particular way and if they fail to act when under this contractual duty, may be liable for the offence.
    CASE: R V PITWOOD :
  • D employed by the railway company
  • Lifted gate to allow a court to pass across but failed to put it down.
  • A horse cart crossed track , hit by train both horse and cart driver killed.
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11
Q

Carer

A
  • If a person chooses to take care of another person who is infirm on incapable of taking care of themselves.
    CASE: R V STONE & DOBINSON:
  • 67, blind, partially deaf, low intelligence.
  • Stone & Dobinson found liable for her death
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12
Q

Conduct

A

A person’s conduct may have created a dangerous situation
CASE: R V MILLER:
- D was drunk and caused a fire, didn’t extinguish the cigarettes.

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13
Q

official

A
  • a person may have a duty to act as a result of being a public official.
  • CASE: R V DYTHAM:
  • D was a police officer he stood by while a bouncer kicked a man to death
  • charged with offence of misconduct.
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14
Q

parental special

A
  • there is a special relationship such as a parent, child or spousal relationship.
  • CASE: R V GIBBINS & PROCTOR
  • D convicted of the murder of Gibbins daughter
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15
Q

statutory

A
  • there is a duty imposed by an act of parliament or other legislation.
    CASE: S.170 ROAD TRAFFIC ACT 1970
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16
Q

what is causation?

A

where the defendant is xharged with a result crime , the prosecution must prove that the defendants conduct caused the result. There must be a link between the wrongful act of the defendant and criminal harm which occurred.
the prosecution