Week 2 - Introduction, Structure of an Offence, Actus Reus

Question 1

What is the difference between Civil and Criminal law?

Answer 1

Criminal law - involves the state, the Crown and punishes rather than compensating for wrongs.
Civil law - relates to contracts, or redress or compensate when an individual is injured in the absence of a contract between the wrongdoer and injured.

Question 2

What is the jurisdiction of a Magistrates’ Courts?

Answer 2

Summary offences and triable either-way offences unless D elects to be tried at the Crown Court or the Magistrates’ Court decides so.

Question 3

What is the composition of a Magistrates’ Court?

Answer 3

No jury; magistrates - (lay people) who are either volunteers with assistance of a legal advisor, or District judge.

Question 4

What can a Magistrates’ Court do?

Answer 4

Decide on questions of both law and fact and determine guilt.
Low sentencing powers (below 12 months imprisonment).

Question 5

What is the jurisdiction of the Crown Court?

Answer 5

Indictable offences and either-way offences where D has elected to be tried or has been sent by the Magistrates’ Court.

Question 6

What is the composition of the Crown Court?

Answer 6

Trial by professional judge and jury, CPS and defence barrister.

Question 7

What can a Crown Court do?

Answer 7

Role of judge is to decide matters of law; to direct the jury; to decide on sentence.
Role of jury; to decide matters of fact and determine guilt of defendant.
Sentence limited only by the prescribed maximum for the offence.

Question 8

What is the Crown’s role at trial?

Answer 8

To prove “beyond all reasonable doubt” that D committed the offence in question.

Question 9

What principle did Woolmington v Director of Public Prosecutions create?

Answer 9

The burden of proof: obligation of the prosecution to prove its case “beyond reasonable doubt.”

Question 10

What is the role of the defence at trial?

Answer 10

To show there is sufficient evidence to allow the defence to go to the jury - known as “evidential burden.”

Question 11

Who are the main actors within the criminal justice system?

Answer 11

Police; CPS; the Defence (defendant); the Jury; the Judge

Question 12

What specific requirements must be proven in order to establish liability?

Answer 12

Actus Reus and Mens Rea.

Question 13

What is the difference between AR and MR?

Answer 13

AR - elements external to D’s mental state (D’s actions, omissions, required circumstances, required results and causation).
MR - mental element requirement, or D’s state of mind.

Question 14

What are the requirements of AR?

Answer 14

Conduct - the act or omission.
Circumstances - the surrounding facts necessary for liability.
Result - particular consequences required for liability.
Causation - the link between conduct and result.

Question 15

What is the difference between conduct and result crimes?

Answer 15

Conduct - does not include the result element, the AR of the offence is complete as soon as D performs a certain conduct.
Result - require result element, rules of causation must be applied.

Question 16

What is the definition of murder?

Answer 16

An unlawful killing of a human being under the Queen’s Peace with malice aforethought.

Question 17

Where will liability for an omission be found?

Answer 17

Where D has a recognised duty to act and unreasonably fails to do so.

Question 18

What are the 5 categories of duty to act?

Answer 18

Offence-specific duties; contractual duties; familial duties; voluntary assumption of care duties; creation of a dangerous situation duty.

Question 19

What are offence-specific duties? What is the main legal authority?

Answer 19

Duty to act is imposed in a particular statute or by common law.
Dytham [1979]: D a police officer who had failed to intervene in an attack outside a nightclub where V was kicked to death by a bouncer.

Question 20

What are contractual duties? What is the main legal authority?

Answer 20

Where D has a contractual duty to act.
Pittwood (1902): D was a gatekeeper at a railway who had opened the gate to allow a cart through then forgot to close said gate. Another cart was hit by a train and the train driver was killed. D was liable for manslaughter based on his failure to perform his contractual duty to close the gate.

Question 21

What are familial duties?

Answer 21

They are present in marriage or parent to child relationships (providing the child is under the age of 18).

Question 22

What are some examples of cases which present the familial duty?

Answer 22

Hood [2004]: husband found guilty of manslaughter upon failing to summon medical attention for wife.
Gibbons and Proctor (1918): failure to feed child, liable for murder.
Evans (Gemma) [2009]: failure to summon medical aid when daughter overdosed on heroin, liable for GNM.

Question 23

What does Sheppard (1862) illustrate?

Answer 23

That a familial duty may not extend to adult children - D had no duty to 18 year old daughter.

Question 24

When does a voluntary assumption of responsibility arise?

Answer 24

Where D has voluntarily undertaken to care for V in a situation where V is unable to care for themselves.

Question 25

What are 2 main legal authorities for voluntary assumption of care?

Answer 25

Stone and Dobinson [1977]: V came to live with her brother (S) and his partner (D). V suffered from anorexia nervosa and became bedridden. S & D attempted to help but eventually V died. Convicted to GNM.
Nicholls (1874): D, V’s grandmother, took care of V after mother’s death. D neglected V and V died. D charged with GNM.