PAPER 1: Section B - General Elements of Criminal Liability

Question 1

1) What are the four types of actus reus? (4 marks)

Answer 1

1) Conduct crimes
2) State of affairs
3) Conséquence / Result Crimes
4) Ommisions

Question 2

2) What is a conduct crime and what’s an example? (2 marks)

Answer 2

Prohibited conduct (1 mark).
An example is perjury where D lies under oath in court. (1 mark)

Question 3

3) What is state of affairs and the CASE associated? (2 marks)

Answer 3

When a defendant is convicted even if they didn’t act voluntarily. (1 mark)

R v Laesonneur - D was deported
against her will and arrested for illegal immigration because of the state of affairs actus reus. (1 mark)

Question 4

4) What is a consequence crime? and provide an example (2 marks)

Answer 4

When the D must do something (an act) to cause something. (1 mark)

ie D punches someone - the crime
depends on severity as little / no harm is battery but severer harm is ABH or GBH (1 mark)

Question 5

5) What is an omission?

Answer 5

A failure to act and do something

the D is required to do (1 mark)

Question 6

6) What are thé 6 types of omissions? (6 marks)

Answer 6

1. Contractual Duty
2. Professional Duty
3. Voluntary Duty
4. Create a Dangerous Situation
5. Special Relationship
6. Statutory Duty

Question 7

7) Define contractual duty Omission and give the relevant CASE (3 marks)

Answer 7

Contractual duty when a person must act on a situation if it’s part of their contract ie a job. (1 mark)

R V PITTWOOD - D was convicted for manslaughter as he failed to perform his contractual duty and shut the gate when the train was coming, costing a life. (2 marks)

Question 8

8) Define professional duty Omission and the relevant CASE (3 marks)

Answer 8

Professional duty is when the person has a job that requires them to protect others (1 mark)

R V DYTHAM - D was convicted of misconduct as he was a police officer with a duty to protect others but neglected to protect the victim and watched him get kicked to death instead of arresting the attackers. (2 marks)

Question 9

9) Define voluntary adoptive responsibility for another Omission and the relevant CASE. (3 marks)

Answer 9

This is when a person undertakes a role to for another.

R v STONE v DOBISION - D looked after Stone’s anorexic sister but died of blood poisoning to bed sores as D didn’t let her out of bed. They were convicted of manslaughter as they voluntarily assumed a duty to look after her and their failure to summon medical assistance had contributed to her death.

Question 10

10) What is Creating a Dangerous Situation Omission and the relevant CASE?

Answer 10

When a person creates a dangerous situation and owe a duty to act in a way to try remedy the danger (1 mark)

R V MILKER - Convicted for criminal damage as he had a responsibility to limit the harmful effect of the fire. His failure to call the fire brigade to stop the damage left him liable (2 marks)

Question 11

11) What is a Special Relationship and the relevant CASE?

Answer 11

Parents and guardians have a duty to look after their children (1 mark)

R V GIBBINS & PROCTOR - Convicted as the defendants had a duty to look after their daughter and feed her as they had a duty to look after her.

Question 12

12) What is a Statutory Duty and the relevant CASES?

Answer 12

Some statutues will make it an offence to fail to act in a certain situation.

ROAD TRAFFIC ACT 1988 - Section 170 of this act makes it an offence for a driver to not report a traffic accident and not provide a breath sample when asked to do so.

CHILD AND YOUNG PERSON ACT 1933 - Failing to look after a child by a parent or guardian is a criminal offence under this Act.

GREENER V DPP - D allowed his dog to enter a place where its not prohibited to be, causing injury.