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Law A2 > Omissions Actus Reus > Flashcards

Omissions Actus Reus Flashcards

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1
Q

What is an omission?

A

Failure to act

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2
Q

Is it common or rare to be prosecuted for failing to act?

A

Rare

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3
Q

What is the ‘rule’ in the UK about acting?

A

There is no general duty to act - unlike France who have the Good Samaritan Law

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4
Q

When is one of the times you can face criminal charges when failing to do an act?

A

If the D is in breach of a duty of care

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5
Q

What are 3 arguments for a general duty to act?

A

Encourage greater sense of responsibility
Immoral to (for example) allow a child to drown and die
A person who stands by is as guilty as a person who administers a lethal injection

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6
Q

What are 4 arguments against a general duty to act?

A

Far too difficult to legislate
How far would a person be expected to go?
Should criminal law interfere with issues of morality?
Imposition on individual liberty

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7
Q

What are the 6 circumstances when the law WILL impose a duty to act?

A 
Contractual duty
Statutory duty
Duty because of a relationship
Duty taken on voluntarily
Duty through an official position
Duty arising as the D has set in motion a chain of events
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8
Q

Give an example of one of the laws now where you can be prosecuted for failing to do something

A

Under Road Traffic Act 1988 - failing to require officer with breath specimen when asked too

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9
Q

What case showed the duty as a parent in action?

A 
Lowe 1973 (parent and child under Children and Young persons act 1933)
D had low IQ failed to call doctor when 9 week old baby was ill and died from dehydration and emaciation. Partner low IQ too told to take to doctor but scared baby would go into care - both convicted of manslaughter
COURT QUASHED CONVICTIONS AS NO MENS REA
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10
Q

Explain the case Mujuru 2007 (relationship)…

A

Under Domestic Violence Crime and Victims Act 2004 created the offence of familial homicide
D went to work and left baby with partner who had history of violent behaviour, he killed baby girl.
Court said she failed to take reasonable steps to protect her daughter

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11
Q

What case showed the duty because of a contract in action?

A

Pittwood 1902 - man driving hay cart killed after D failed to close crossing gate when he went to lunch. D was convicted of manslaughter

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12
Q

Explain the case Adomako 1994 (contract)…

A

Anaethetist convicted of manslaughter as failed to notice breathing tube became disconnected during eye operation, lost oxygen resulting in brain damage and died

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13
Q

What case showed the duty of care imposed by public office in action?

A

Dytham 1979 - On duty near hotdog van when bouncer ejected victim and 3 men kicked him to death, Dytham watched and then drove off - CONVICTED OF MISCONDUCT WHILST ACTING AS AN OFFICER FOR JUSTICE - appeal dismissed

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14
Q

What case showed the duty because of a special relationship in action?

A

Gibbins and Proctor 1918 - failed to feed 7 year old child and she died from starvation - both convicted of murder as they had money to feed the child but didn’t

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15
Q

Explain the case R v Instan 1893 (relationship)…

A

D lived with aunt who developed gangrene and was unable to care for herself - D was only person to know this yet failed to get her help, after 12 days she died.

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16
Q

What case showed the duty arising from the assumption of care for another?

A

Stone and Dobinson 1977 - D’s took Stones anorexic sister into home, both had low IQ and Stone was partly deaf and blind, sister became ill and stopped eating, D’s made no effort to get medical assistance and she died - both convicted of manslaughter

17
Q

What case showed the duty arising from creating a dangerous situation?

A

Miller 1983 - fell asleep whilst smoking, woke up to find matress on fire, moved to another room and didn’t put it out, house damaged - convicted of arson

18
Q

Explain the case Evans 2009 (dangerous situation)…

A

Evans supplied half sister aged 16 with drugs, she self injected and became very ill, neither D or mother got help as they thought they’d get into trouble - she died. Both convicted of manslaughter

19
Q

What can an omission sometimes be classed as?

A

A continuing act

20
Q

What case showed an omission being classed as a continuing act?

A

Fagan v Metropolitan Police Commissioner 1969 - D accidentally drove over police officers foot, officer asked him to remove it but he refused and swore, then slowly removed it from foot, he was convicted of assault. HE DIDN’T ORIGINALLY HAVE MENS REA BUT DID WHEN HE REFUSED TO MOVE CAR

21
Q

What is an unresolved problem in omissions?

A

Knowing when the duty of care comes to an end (R v Smith 1979) stillborn baby, she was scared at doctors and told husband not to call them, when she gave permission it was too late and she died - judge asked jury to consider the wife’s wish and balance it against her ability to make a rational decision - D was discharged

22
Q

What were the 4 principles that should be applied when dealing with life support established in Airedale NHS trust v Bland 1993?

A

1 - no absolute rule that a patients life must be prolonged
2 - respect must be given to patients wishes (if they are of a sound mind)
3 - When treatment is futile there is no obligation for doctor to provide it
4 - treatment can be provided without consent is patient is incapable of providing it

23
Q

What is a criticism of the 6 duty’s to act?

A

It is not always easy to decide if a duty exists or not (khan v Khan 1998)
When does a duty cease to exist?

24
Q

What do decisions made by jury’s have to be made on?

A

A case by case basis

25
Q

What is transferred malice?

A

If the D had actus reus and mens reas but accidentally performs actus reus differently than intended (e.g ends up with different victim in a shooting)

26
Q

What is the basic principle in transferred malice?

A

Transfer mens rea - doctrine of transferred malice can be applied and they can be convicted for that crime

27
Q

What are the 2 sorts of crimes in transferred malice?

A

Intra-crime (performing crime intended to commit but ‘accidentally’ - accident is irrelevant)
Inter-crime (performing actus reus of another crime when had original mens rea for another time - GENERALLY CANNOT BE CONVICTED)

28
Q

What are 2 examples of intra-crime transferred malice cases?

A

Latimer 1886 - argument in bar took of belt but hit woman near by - mens rea simply transferred
Mitchell 1983 - man pushes in post office que 72 year old man says can’t do this punches him he falls back knocks over 92 year old woman who dies of injuries - charged with manslaughter

29
Q

What does the case Attorney Generals Reference 1997 refer to and explain the facts?

A

Stabbed 23 week pregnant girlfriend, she recovered, baby born at 30 weeks with stab wound and died at 4 months - he was charged with the murder but acquitted. prosecution appealed COA said use transferred malice even though baby wasn’t born, HOL said at most it is manslaughter

30
Q

Why was the case Attorney Generals Reference 1997 a difficult one?

A

Because the courts didn’t know if the defendant could be held liable for endangering another life even though the life was not yet born

31
Q

Give an example of an inter-crime case…

A

Pembilton 1874 - fight outside pub as been kicked out, Pembilton throws large stone at thegroup but missed and smashed window - convicted of malicious damage but quashed as he didn’t INTEND to break window

32
Q

What are the 2 theories that state that actus reus and mens rea must coincide in point of time with the act?

A 
Continuing act theory (if actus reus and mens rea are both involved in chain f events there is liability)
Transaction theory (does not matter if there is no pre-arranged plan, liability is still held)
33
Q

What cases illustrates the principle of the continuing act theory?

A

Fagan v MPC 1969 - foot of police officer under his car, swore at him and refused to move, convicted of assaulting an officer as did not have original mens rea but knowingly and with intention did not move car
Miller 1983 - mattress on fire

34
Q

Explain the case Thabo Meli and others 1954…

A

Group of people beat up man after giving him alcohol, thought he was dead so threw him off cliff to discard of evidence, argued they didn’t intend to kill him but they did earlier in another way. Privvy council said they had mens rea at the start and thats enough

35
Q

Explain the case R v Church 1965 (no prearranged plan)…

A

Date with girl, sex in van, she mocked him, he punched her and panicked thought she was dead so threw her body in a river, she was unconscious so drowned - charged with her murder

36
Q

Explain the case Le Brun 1991…

A

Husband and wife on way home from pub having a fight, he punches her on jaw and unconscious, drags body away and hits head on curb and she dies of head injury - convicted of manslaughter as never intended to actually kill her

Law A2 (17 decks)

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