S2: Actus Reus, Omissions and Strict liabiliy

Question 1

What are the elements of a criminal offence ?

Answer 1

• AR
• MR

Question 2

What is the actus reus?

Answer 2

• This refers to all external elements of an offence
• It’s described as the guilty act
  The exact nature of AR depends on the offence

Question 3

What are the three elements for actus reus ?

Answer 3

1. Proof the accused did a specific act
2. Proof the act caused a particular result
3. Proof that the act and or results occured in certain circumstances

Question 4

What is the voluntary act requirement ?

Answer 4

Where the actus reus is committed by an act or omission, it must be committed voluntarily. If the defendant isn’t acting voluntarily, they won’t be guilty of the offence because the actus reus and mens rea can’t be proved.

Question 5

Key cases for the voluntary act requirement

Answer 5

• Bratty v AG for Northern Ireland
• Hill v Boxer

Question 6

Strict Liability Offences

Answer 6

This requires proof the D caused the prohibited act but doesn’t require proof the D was blameworthy. So, the strict liability offences dont require MR in relation to all parts of the AR.

Question 7

Key Case of Strict Liability offences

Answer 7

Harrow London Borough Council v Shah (2000)- liability can be imposed for ‘selling a lottery ticket to a person under 16’, even if the D didn’t realise age of the customer.

Question 8

Criminal Liability for Omissions

Answer 8

-General Rule- a perrson will not be liable for failing to act
-Exception- an individual can be criminally liable for failing to act when they have a responsibility and don’t fulfil this.

Question 9

What are the 6 duties to act ?

Answer 9

-Statutory Duties
-Duties of law enforcement
- Contractual Duty
- Creation of Danger
- Assumptions of responsibilities/ assumed duties
- Family relationships/ parental responsibility

Question 10

What is the duty to act via statutory duties ?

Answer 10

These arise where a statute imposes a duty on someone to do something

Question 11

What is the duty to act via duties of law enforcement ?

Answer 11

This is where police officers have a duty to assist members of public in danger.

Key Case- Dytham

Question 12

What is the duty to act via contractual duty ?

Answer 12

This is where a persons fails to do something they are bound by contract to do, they’ll be criminally liable if harm or injury arises from their omission.
Key Case- Rv Pitwood

Question 13

Where is the duty to act via creation of danger ?

Answer 13

This is where an individual has created a dangerous situation, they may be under a duty to act to prevent harm resulting.
Key cases:
- R v Miller
- Evans

Question 14

What is the duty to act via assumptions of responsibilties/ assumed duties ?

Answer 14

This is where duty to act arises where the D has assumed responsibiity for the wellbeing of the victim.
Key case:
R v Stone & Dobinson

Question 15

what is the duty to Act via Family relationships/ Parental Responsibility ?

Answer 15

This is where if a family relationship exists between defendant and victim, there may be a duty to act.
- For example, if the mother chooses to not feed her child and the baby dies, the mother will be held responsible for this.