Criminal law ( Actus Rea) (P2) Flashcards
what is actus rea?
- Actus rea means guilty act , the physical element.
what is voluntary acts?
- 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.
what is involuntary acts?
-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
R V MITCHELL
-
HILL V BAXTER
R V LARSONNEUR
d deported to Ireland from England without her permission and the act was involuntary
What are omissions?
An omission refers to a failure to act
what are the exceptions to the rule on omissions?
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.
what are the six ways in which such a duty to act can arise? ( 3 COPS )
1-contract
2-carer
3-conduct
4-official
5-parental
6-statutory
contract
- 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.
Carer
- 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
Conduct
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.
official
- 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.
parental special
- 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
statutory
- there is a duty imposed by an act of parliament or other legislation.
CASE: S.170 ROAD TRAFFIC ACT 1970