elements of crime(ar and causation) Flashcards
What are the 6 examples of Omissions as Actus Reus in the uk
- A Statutory Duty
- A Contractual Duty
- A Duty due to Special Relationship
- A Duty that was taken on Voluntarily
- A Duty due to Official position
- A duty which arises due to a chain events that are set in motion by the D
What case is an example of Contractual Duty
R v Pittwood (1902)
What case is an example of Duty created due to Special Relationship
R v Gibbins + Proctor (1918)
What case is an example of Duty undertaken voluntarily
R v Stone + Dobinson (1977)
What case is an example of Duty as a result of Official Position
R v Dytham (1979)
What case is an example of Duty due to events set in motion by the Defendant
R v Miller (1983)
What happened in R v Pittwood (1902)?
D was employed by a railway company and left a gate open on an active rail line.
This led to a man being hit by a train on his horse + cart
D was found criminally liable as they failed to close the gate and do their duty.
What happened in R v Gibbins + Proctor?
A father and step-mother of a seven year old girl neglected and starved her.
They were both charged with Murder.
What happened in R v Stone + Dobinson (1977)?
D1 and D2 agreed to house V, who was D1’s elderly sister and was anorexic and bedridden. On at least one occasion D2 cared for V. V later died of malnutrition.
Both D1 and D2 were charged with manslaughter, they both owed a duty of care to V and failed to do so.
What happened in R v Dytham (1979)
A police officer witnessed a group of 3 men kicking a drunken man, he refused to intervene and actively claimed to passersby that he was off duty.
He was charged with willfully and without reasonable excuse neglecting to perform his duty and with misconduct in a public office.
What happened in R v Miller (1983)?
A man fell asleep in a squat on a mattress with a lit cigarette. Once he woke up to the building on fire he failed to intervene and try to fix the problem.
He couldn’t be charged with arson for the mattress, as it was ruled to be an accident. He was charged with Arson for his failure to take reasonable steps to deal with the fire later on.
what are the two elements of a crime
actus reus -physical
mens rea -mental
what does actua reus translate to
guilty act
what can actus reus be through
an act
a state of affairs
an omission
what’s a conduct crime
a crime where the act is prohibited no consequences needed
eg speeding perjury blackmail
what’s a consiquence crime
the act is not enough there must also be a consiquence
eg murder assault
what happens is the act by d is not voluntary
if d has no control they have not committed actus reus
what examples were given in hill v baxter
court gave examples of when a driver could not be in control
heart attack
bees
hit on head by stone
what happens in the case of R v mitchell which shows someone’s actions not being voluntary
D told off by man 72
D pushes man who falls into woman (87)
woman falls and dies
D is guilty man isn’t
what is a state of affairs crime
when the act is from being something not doing something
eg possession of drugs or weapon