Ommissionss and Voluntariness Flashcards
An omission to act cannot be criminal unless…
There is a legal, nor moral, duty to act
Fagan v Commissioner of Metropolitan police established that
actus reus and mens reps must occur at the same time,
R v Miller established that
A person who creates a dangerous situation (such as arson) has a legal obligation to take reasonable steps to avert that danger, or call for help
R v Thorton established that
There is a common law duty to avert foreseeable harm (ex donation of HIV positive blood)
According to R v Browne, a legal duty is created when
There is a firm commitment to act, mere words are insufficient to create a legal duty
To SUM UP in order for an commission to constitute criminal actus reus, there must be
A legal duty to act
By these sources, the law can create offences for ommissions
Statutory, Common Law
You see someone dangling off of a cliff in such a way that to rescue them would bear no risk to you. Do you have a duty to act?
Probably not. In Quebec yes. You might if you had manifest a firm commitment to same them
No actus reus is complete without
A willingness to do the action. The mind must be at liberty to make a conscious decision
____ bears responsibility for proving that the acts of the accused were done willingly BRD
The Crown
Joe Smith murders his family while sleep walking. At trial, he is entitled to
A complete acquittal. No actus reus
R v Lucki established that
Exterior circumstances that result in involuntary actions (ex. driving on a slippery road and hitting someone) will not result in criminal liability
According to R v Wolfe, a “reflex action” is…
Not sufficient voluntariness, and therefore will not result in criminal responcibility
