omissions Flashcards
Actus Reas, Mens Rea, and omissions
define actus reas
the physical element of committing a crime
define mens rea
the mental element of committing a crime
what is an omission ?
where someone fails to act and it results in liability (LBO)
What are the 8 omissions ?
- contractual duty
- public duties
- acceptance of care
- duty via relationship
- creation of danger
- omission under statue
- termination of duty
- good samaritin rule
explain contractual duty
If you fail your contractual duty then you will be LBO
Adomako
eye doctor, O2
- eye doctor didnt check O2 tube and patient died
- LBO as he failed his contractual duty
explain public duties
emerancy services can be LBO if they fail to intervene
Dytham
officer, beat, death
- police officer watched a bouncer bear someone to death and didnt intervene
- LBO as failed his public duty
explain acceptance of care
if D chooses to take care of someone but fails they are LBO
Stone and Dobbinson
sister, starve
- agreed to take in his ill sister
- couldn’t care for her and she starved to death
- LBO as they accepted care and failed
Explain duty via relationship
parents and children have an automatic responsibility to take care of each other, if they then fail then LBO
Gibbins and Proctor
child, neglect
- parents neglected and starved child to death, then hid her body
- LBO as failed duty of care
explain creation of danger
if you create a dangerous situation and fail to act you will be LBO
Miller
fire, self, stop
- started a fire, went back to sleepand didn’t put it out
- LBO as he created a danger and failed to stop it
omissions under statute
some acts of parliment make you LBO if you do not act
example of omission under statue
road traffict act 1988 - failure to stop at the scene of an accident
explain termination of duty
- sometimes you can terminate your duty so you are not LBO if you fail to act
- eg: when a doctor tunrs of a life suppport machine - Bland ruiling
explain the good samaritan rule
- if you see someone in danger you have a duty to help
- doesn’t exist in the UK
what are the two parts to causation
factual causation
legal causation
what is the test for factual causation
‘but for’ the defendants actions ….
what is the test for legal causation ?
was D’s actions more than a minimal cause
White
D poisoned his mums drink she died of a heart attack before she drank it
not guilty
Pagett
used his pregnant girlfriend as a human shield during police shootout
Was the legal cause - guilty
what happens if the chain of causation is broken ?
a lesser charge or a full acquittal
what are the 4 areas that can break the chain of causation ?
Thin skull rule
victims own acts
third parties
natural disasters
explain the think skull rule
if the victim has a physical weakness that makes them more likely to be injured
must be taken as found
Won’t break the chain
Blaue
stabbed a woman due to her religion - refused blood
chain not broken as religion is same as eggshell
what are the 4 areas to victims own act
escape
self treatment/ neglect
refusal of treatment
self injection
suicide
explain escape
can break chain
victims acts must be unexpected or grossly negligent
Roberts
takes a woman home tries to touch her up
she jumps our of the care to escape
chain not broken as her actions were reasonable
explain self treatment/ neglect
brakes chain of causation
explain refusal of treatment
won’t break the chain of causation
Holland
in a fight v is hit with a metal bar
got gas gasgrene but refused treatment
doesn’t break chain so guilty
explain self injection
breaks chain as it’s the victims choice
if D helps in any way chain doesn’t break
explain kennedy
victim was dealt heroin by D
v took it himself so the chain breaks
explain suicide
if you injure the person so much you affect their life
and the suicide is linked to you chain doesn’t break
wallace
jealous ex threw acid on her former partner, paralysing him
v committed suicide
jury decided causation when it was broken when it wasn’t
what are the 3 areas to third parties
negligent medical support
life support machines
other situations
explain negligent medical care
can break the chain
third parties actions must be grossly negligent
Jordan
v recovering from stab wound
doctor gave x3 doses of medicine v was allergic to
gave V lots of water to try to cover it up
not guilty as chain broken
explain life support
doesn’t break causation alsong as bland ruining us followed
Malcherek and Steel
doctors turned off life support following the bland ruilling
chain not broken
explain other situations
self defence - unlikely to break to chain
Pagett
used pregnant girlfriend as a shield during police shoot out
what are the 6 types of mens rea
- intention
- recklessness
- negligence
- transferred malice
- coincidence
- strict liability
explain intention
direct intent - aim and desire for the outcome, absolutely certain that it will happen
oblique intent - no aim and desire but they are virtually certain it will occur
Mohan
direct intent
attempted ABH on an officer
judge gave the definition of direct intent
Woolin
oblique intent
baby wouldn’t stop crying
launched baby across the room
confirmed the test for oblique intent 1998
explain recklessness
where you take an unjustified risk. tested with a two park test
1.did d see the risk and run it
2. was the risk unjustified
explain negligence
where your actions fall below what is expected of you - you are negligent
plays a role in criminal and civil cases
explain transferred malice
this is where you have the aim to commit a certain crime and you are guilty even if your victim is different from who you intended
Mitchell
pensioners were queing and D jumped the que
wanted to hurt victim A but victim B was injured
explain coincidence
As long as the Actus rea and Mens rea coincides at some point D is guilty
