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Criminal law > omissions > Flashcards

omissions Flashcards

Actus Reas, Mens Rea, and omissions

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Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

define actus reas

A

the physical element of committing a crime

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2
Q

define mens rea

A

the mental element of committing a crime

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3
Q

what is an omission ?

A

where someone fails to act and it results in liability (LBO)

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4
Q

What are the 8 omissions ?

A
  1. contractual duty
  2. public duties
  3. acceptance of care
  4. duty via relationship
  5. creation of danger
  6. omission under statue
  7. termination of duty
  8. good samaritin rule
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5
Q

explain contractual duty

A

If you fail your contractual duty then you will be LBO

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6
Q

Adomako
eye doctor, O2

A
  • eye doctor didnt check O2 tube and patient died
  • LBO as he failed his contractual duty
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7
Q

explain public duties

A

emerancy services can be LBO if they fail to intervene

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8
Q

Dytham
officer, beat, death

A
  • police officer watched a bouncer bear someone to death and didnt intervene
  • LBO as failed his public duty
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9
Q

explain acceptance of care

A

if D chooses to take care of someone but fails they are LBO

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10
Q

Stone and Dobbinson
sister, starve

A
  • agreed to take in his ill sister
  • couldn’t care for her and she starved to death
  • LBO as they accepted care and failed
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11
Q

Explain duty via relationship

A

parents and children have an automatic responsibility to take care of each other, if they then fail then LBO

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12
Q

Gibbins and Proctor
child, neglect

A
  • parents neglected and starved child to death, then hid her body
  • LBO as failed duty of care
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13
Q

explain creation of danger

A

if you create a dangerous situation and fail to act you will be LBO

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14
Q

Miller
fire, self, stop

A
  • started a fire, went back to sleepand didn’t put it out
  • LBO as he created a danger and failed to stop it
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15
Q

omissions under statute

A

some acts of parliment make you LBO if you do not act

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16
Q

example of omission under statue

A

road traffict act 1988 - failure to stop at the scene of an accident

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17
Q

explain termination of duty

A
  • 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
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18
Q

explain the good samaritan rule

A
  • if you see someone in danger you have a duty to help
  • doesn’t exist in the UK
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19
Q

what are the two parts to causation

A

factual causation
legal causation

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20
Q

what is the test for factual causation

A

‘but for’ the defendants actions ….

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21
Q

what is the test for legal causation ?

A

was D’s actions more than a minimal cause

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22
Q

White

A

D poisoned his mums drink she died of a heart attack before she drank it
not guilty

23
Q

Pagett

A

used his pregnant girlfriend as a human shield during police shootout
Was the legal cause - guilty

24
Q

what happens if the chain of causation is broken ?

A

a lesser charge or a full acquittal

25
Q

what are the 4 areas that can break the chain of causation ?

A

Thin skull rule
victims own acts
third parties
natural disasters

26
Q

explain the think skull rule

A

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

27
Q

Blaue

A

stabbed a woman due to her religion - refused blood
chain not broken as religion is same as eggshell

28
Q

what are the 4 areas to victims own act

A

escape
self treatment/ neglect
refusal of treatment
self injection
suicide

29
Q

explain escape

A

can break chain
victims acts must be unexpected or grossly negligent

30
Q

Roberts

A

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

31
Q

explain self treatment/ neglect

A

brakes chain of causation

32
Q

explain refusal of treatment

A

won’t break the chain of causation

33
Q

Holland

A

in a fight v is hit with a metal bar
got gas gasgrene but refused treatment
doesn’t break chain so guilty

34
Q

explain self injection

A

breaks chain as it’s the victims choice
if D helps in any way chain doesn’t break

35
Q

explain kennedy

A

victim was dealt heroin by D
v took it himself so the chain breaks

36
Q

explain suicide

A

if you injure the person so much you affect their life
and the suicide is linked to you chain doesn’t break

37
Q

wallace

A

jealous ex threw acid on her former partner, paralysing him
v committed suicide
jury decided causation when it was broken when it wasn’t

38
Q

what are the 3 areas to third parties

A

negligent medical support
life support machines
other situations

39
Q

explain negligent medical care

A

can break the chain
third parties actions must be grossly negligent

40
Q

Jordan

A

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

41
Q

explain life support

A

doesn’t break causation alsong as bland ruining us followed

42
Q

Malcherek and Steel

A

doctors turned off life support following the bland ruilling
chain not broken

43
Q

explain other situations

A

self defence - unlikely to break to chain

44
Q

Pagett

A

used pregnant girlfriend as a shield during police shoot out

45
Q

what are the 6 types of mens rea

A
  1. intention
  2. recklessness
  3. negligence
  4. transferred malice
  5. coincidence
  6. strict liability
46
Q

explain intention

A

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

47
Q

Mohan

A

direct intent
attempted ABH on an officer
judge gave the definition of direct intent

48
Q

Woolin

A

oblique intent
baby wouldn’t stop crying
launched baby across the room
confirmed the test for oblique intent 1998

49
Q

explain recklessness

A

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

50
Q

explain negligence

A

where your actions fall below what is expected of you - you are negligent
plays a role in criminal and civil cases

51
Q

explain transferred malice

A

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

52
Q

Mitchell

A

pensioners were queing and D jumped the que
wanted to hurt victim A but victim B was injured

53
Q

explain coincidence

A

As long as the Actus rea and Mens rea coincides at some point D is guilty

Criminal law (6 decks)

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