THEORY/GENERAL ELEMENTS OF CRIMINAL LIABILITY Flashcards
What is an ACTUS REUS? (AR)
An ACTUS REUS is the guilty act, physical element of the crime.
-or SOMETIMES AN OMISSION
-IF A DUTY TO ACT EXISTS, that causes a result (causation rules apply).
What is MENS REA? (MR)
Mens area is the mental element of the crime, guilty mind
What are the 2 legal concepts that need to be present for there to be criminal liability?
-ACTUS REUS and MENS REA
NOTE: ACTUS REUS + MENS REA= CRIME
ACTUS REUS - VOLUNTARY ACT
What must be in order to be the ACTUS REUS of an offence?
In order to be the ACTUS REUS of an offence, it must be a…
-voluntary, positive, deliberate act.
-Therefore the conduct must be willed.
-This was stated in the case of Hill v Baxter
—>in this case the court stated that it would not be a voluntary act if for example, a driver was caused to crash due to illness or being attacked by a swarm of bees.
Side question:
Who is the burden of proof on in a criminal case?
The prosecution
Side question :
What is the standard of proof in a criminal case?
Beyond reasonable doubt
What is an omission?
An omission is a failure to act
HOW CAN OMISSIONS BE THE BASIS OF AN ACTUS REUS?
-An omission is a failure to act.
-Under English law the general rule is that there is NO LIABILITY FOR A FAILURE TO ACT
(unlike other legal systems like in France).
-HOWEVER, THE LAW SOMETIMES IMPOSED A DUTY TO ACT IN CERTAIN CIRCUMSTANCES and so there are EXCEPTIONS to the general rule.
-AN OMISSION CAN THEREFORE BE THE BASIS OF AN ACTUS REUS IN THESE SITUATIONS.
WHAT ARE THE SIX EXCEPTIONS TO THE GENERAL RULE?
- give case examples
-5 common law exceptions
- 1 exception from act of parliament
5 COMMON LAW EXCEPTIONS:
-For example, there may be a duty to act UNDER CONTRACT - e.g case of PITWOOD.
-There is also a duty to act if you VOLUNTARILY TAKE RESPONSIBILITY FOR SOMEBODY ELSE- e.g case of STONE AND DOBBINSON
-There is also a duty to act WHEN SOMEONE CREATES A DANGEROUS SITUATION-e.g case of miller
- A duty to act also exists IF A PERSON IS IN A POSITION OF PUBLIC RESPONSIBILTY- e.g case of DYTHAM
-There is also a duty to act IN CERTAIN RELATIONSHIPS LIKE PARENT & CHILD/SPOUSES.
EXCEPTION FROM ACT OF PARLIAMENT:
- A duty to act may also arise from An Act of Parliament.
-e.g Road Traffic Act 1988
-e.g The Children and Young Persons Act 1933
Side question
ACTUS REUS+MENS REA+DEFENCE=
ACTUS REUS+MENS REA+DEFENCE=
NO CRIME
Expand on:
- FOR EXAMPLE THERE IS A DUTY TO ACT UNDER CONTRACT…
-For example, there is a duty to act under contract.
-In the case of PITWOOD, it was the job of a railway worker to close the level crossing gates and so that was part of his contract, and so he was HELD LIABLE for the death of the victim for failing to close the level crossing gates.
Expand on:
THERE IS ALSO A DUTY TO ACT IF YOU VOLUNTARILY TAKE ON RESPONSIBILITY FOR SOMEBODY ELSE…
- There is also a duty to act if you VOLUNTARILY TAKE ON RESPONSIBILITY FOR SOMEBODY ELSE.
-For example, in the case of STONE AND DOBBINSON.
-The couple voluntarily took on responsibility to care for Stone’s anorexic sister and so were liable for their failure to care for her and allowing her to starve to death.
Expand on:
THERE IS ALSO A DUTY TO ACT WHEN SOMEONE CREATES A DANGEROUS SITUATION…
- There is also a duty to act when SOMEONE CREATES A DANGEROUS SITUATION.
-In the case of Miller, a squatter accidentally set fire to the mattress. He did nothing to prevent it from spreading. He was convicted of arson. He had a duty as he was the one who create the fire.
