General Elements of Liability and the Elements of a Crime

Question 1

What are the two elements needed for a crime?

Answer 1

• Actus Reus

- Mens Rea

Question 2

To find a defendant guilty, it must be proved…….

Answer 2

• Beyond reasonable doubt

Question 3

What case set the precedent that it is (subject to exceptions) always for the prosecution to prove beyond reasonable doubt that the defendant committed the crime in question?

Answer 3

• Woolmington v DPP (1935)

Question 4

What can the Actus Reus be? (3)

Answer 4

• A voluntary act
• An omission
• A state of affairs

Question 5

What was decided in Hill v Baxter (1958) What were held to be examples of involuntary acts? What was held not to be an example of an involuntary act?

Answer 5

• A voluntary act is required as part of the actus reus of manslaughter
• Reflex actions after being hit on the head with a hammer or being stung by a swarm of bees, NOT falling asleep while driving

Question 6

Define a state of affairs in terms of Actus Reus

Answer 6

• Where the defendant had not acted voluntarily but has nonetheless been convicted of a crime

Question 7

Name two cases where the Actus Reus was a state of affairs

Answer 7

• Larsonneur (1933)

- Winzar v Chief Constable of Kent (1983)

Question 8

What happened in Larsonneur (1933)?

Answer 8

• A French woman was deported to England from Ireland against her will
• She was charged with being an ‘illegal alien’ even though she had no choice in the matter

Question 9

What happened in Winzar v Chief Constable of Kent (1983)?

Answer 9

• Man removed from hospital by police as he was drunk

- Arrested for being intoxicated on a highway even though the police put him there

Question 10

A failure to act (omission) does not usually result in someone being found criminally liable in English law. What are the six exceptions to this? Which are statutory duties and which are common law duties?

Answer 10

• A person will be held criminally liable for failing to act where:
  
  • there is a duty created by statute
  • they have a contractual duty to act
  • there is a duty imposed by their official position
  • they have voluntarily accepted responsibility for another
  • they have created a dangerous situation
  • there is a special relationship
• The first is a statutory duty, the rest are common law duties

Question 11

Name two statutes that impose criminal liability for an omission. What omission do they impose liability for?

Answer 11

• The Road Traffic Act 1988 - for failure to provide a breath specimen when required
• The Children and Young Persons’ Act 1933 - for failure to send a child to school

Question 12

Give an example of a contractual duty to act

Answer 12

• A lifeguard has a duty to act to save people’s lives if they are in the swimming pool when they’re on duty

Question 13

Give an example case for contractual duty to act. What happened?

Answer 13

• Pittwood (1902)
• Railway employee failed to shut the gates on the railway crossing and went on his break, causing a hay cart to be hit by a train

Question 14

When can a duty imposed by official position lead to criminal liability?

Answer 14

• When a person is guilty of misconduct

Question 15

Give an example case that illustrates a duty imposed by official position. What happened?

Answer 15

• Dytham (1979)

- On-duty police officer did nothing to prevent a man being kicked to death (found guilty of manslaughter)

Question 16

Give an example case for the voluntary acceptance of responsibility for another. What happened?

Answer 16

• Stone & Dobson (1977)
• Couple found guilty of manslaughter as they failed to adequately care for the girl they promised to care for (she died)
• They owed her a duty of care and failed in that duty

Question 17

When is a special responsibility usually created?

Answer 17

• In a parent-child relationship

Question 18

Name two key cases for special responsibility

Answer 18

• Gibbins and Procter (1918)

- Khan (1988)

Question 19

What happened in Gibbins and Procter (1918)?

Answer 19

• 7 year old girl died of neglect (dad literally didn’t feed her)
• Father had a duty of care and so was guilty for breaching it

Question 20

What happened in Khan (1988)?

Answer 20

• Drug dealer was found not to have a duty of care to his clients and a manslaughter conviction was quashed

Question 21

Name two key cases for the creation of a dangerous situation

Answer 21

• Miller (1983)

- Santana-Bermudez (2003)

Question 22

What happened in Miller (1983)?

Answer 22

• Squatter woke up to find his mattress on fire
• Instead of putting it out he simply left the room and went back to sleep
• Found guilty of arson

Question 23

What happened in Santana-Bermudez (2003)?

Answer 23

• It was held that a suspect’s failure to tell a police officer when asked if there were any sharp objects in his pocket (he said no when there was a needle)
• She pricked herself, and him not telling her amounted to the actus reus for ABH

Question 24

In what two ways can manslaughter be committed?

Answer 24

• an unlawful and dangerous act

- Gross negligence

Question 25

What is required for unlawful and dangerous act manslaughter? What can it not be committed by?

Answer 25

• A positive act

- An omission

Question 26

Name a case that illustrates the need for an unlawful and dangerous act in manslaughter

Answer 26

• Lowe (1973)

Question 27

What happened in Lowe (1973)?

Answer 27

• Man convicted of manslaughter, but it was quashed on appeal as there was no unlawful and dangerous act

Question 28

What should the defendant have been charged with in Lowe (1973)? Why?

Answer 28

• Gross negligence manslaughter because it can be committed by an omission, whereas unlawful and dangerous act manslaughter cannot

Question 29

Define unlawful and dangerous act manslaughter

Answer 29

• When a death results from the commission of an illegal act, plus no mens rea for murder

Question 30

Define gross negligence manslaughter

Answer 30

• Where a death is caused by a person breaking their duty of care

Question 31

What case decided that treatment that is in the patient’s best interests is not considered to be an omission and so is therefore not the actus reus?

Answer 31

• Airedale NHS Trust v Bland (1993)

Question 32

What was held in Airdale NHS Trust v Bland (1993)?

Answer 32

• It was held that an order to allow for Bland, who was in a vegetative state, not to be fed anymore, was in Bland’s best interests

Question 33

The law states that to be considered deceased one has to be what?

Answer 33

• Brain dead

Question 34

The duty to determine quality of life and the right to end it is only practiced by medical experts. Name two cases that illustrate this. What was the issue in both

Answer 34

• Diane Pretty
• R v Nicklinson
• Both wanted help committing suicide

Question 35

What was decided in both Diane Pretty and R v Nickinson?

Answer 35

• Denying someone the right to die does not contravene someone’s human rights

Question 36

If someone is helped by a non-medic to end their life, what two factors apply?

Answer 36

• Condition

- Consent of victim

Question 37

What are the three elements required to prove gross negligence manslaughter?

Answer 37

• A breach which caused death
• A breach that is serious enough to be considered a crime
• Adomako test

Question 38

In what case was the Adomako test established?

Answer 38

• R v Adomako (1995)