L2: AR,Omissions and Strict Liability- MCQ'S/Application Practice Flashcards
What are the elements of a criminal offence ?
- AR - external element
- MR- mental element
What three elements does the AR involve ?
-Proof that the accused did a specific act
-Proof that the act caused a particular result
-Proof that the act and or results occurred in certain circumstances
What is the voluntary act requirement ?
This is where the actus reus is committed by an act or omission, it must be committed voluntarily. If the defendant isn’t acting voluntarily, they won’t be guilty of the offence because the actus reus and men’s rea can’t be proved.
What are the key cases for this ?
-Bratty v AG for Northern Ireland (1963)
-Hill v Boxer
What are the exceptions to the requirement of voluntariness ?
Voluntariness may not be required where the AR consists of a state of affairs than conduct.
What are the strict liability offences ?
This requires proof the D caused prohibited act and but don’t require proof the D was blameworthy. So strict liability offences don’t require MR in relation to all parts of the AR.
What is the key case for the strict liability offence ?
Harrow London Borough council v shah (2000)- liability cab be imposed for ‘selling a lottery ticket to a person under 16’, even if the D didn’t realise age of customer.
What is the criminal liability for omissions ?
General rule: a person will not be liable for failing to act.
Exception: an individual can be criminally liable for failing to act when they have a responsibility and don’t fulfil this.
What is statutory duties under duty to act ?
These arise where a statute imposes a duty on someone to do something.
What is the duty of law enforecment under duty to act ? Key Case ?
Police officers have a duty to assist members of public in danger
Key Case: Dytham case
What is the contractual duty under duty to act ? Key Case ?
If a person fails to do something they are bound by contact to do, they’ll be criminally liable if harm or injury arises from their omission.
Key case: R v Pitwood
What is the creation of danger as a duty to act ? Key Cases ?
Where an individual has created a dangerous situation, they may be under a duty to act to prevent harm resulting.
1. R v Miller
2. Evans
What is assumed duties under duty to act ?
A duty to act arises where the D has assumed responsibility for the wellbeing of the victim.
R v Stone & Robinson (1977)
What is the parental responsibility under duty to act ?
If a family relationship exists between defendant and victim, there may be a duty to act. For example, if the mother chooses to not feed her child and the baby dies, the mother will be held responsible for this.
