1. Actus Reus Flashcards
(46 cards)
What are the elements of criminal liability?
AR + MR + absent valid defence = criminal liability.
What is actus reus?
Elements of the offence that do not relate to the state of mind of the defendant.
Where can actus reus be found?
In statute or common law.
murder is common law offence
theft or property damage is statute
Who determines the guilt of the defendant?
Magistrates or a jury.
What is the legal burden of proof for offences?
On the prosecution to prove all elements of the offence.
What is the evidential burden for offences?
On the prosecution to provide sufficient evidence for each element of the offence.
What is the standard of proof for the prosecution?
Beyond reasonable doubt.
What is the legal burden of proof for defences?
On the defendant to prove their defence on the balance of probabilities.
defendant can simply go to witness box and say XYZ happened and that can amount for defense like self-defense. STandard of proof i beyond reasonable doubt
What is the evidential burden for defences?
On the defendant to show sufficient evidence for their defence.
What are conduct crimes?
Acts or omissions by the defendant.
Like perjury–> wilfully making a statement under oath that
the accused knows to be untrue. Perjury may be regarded as a ‘pure’ conduct crime because it is the defendant’s conduct rather than the result itself that is criminalised,
Must conduct crimes be voluntary?
Yes, unless the accused acts involuntarily.
If a motorist is attacked by a swarm of bees while driving and crashes their car as a result, a charge of, say, careless driving would fail as their actions could not be said to be voluntary
What is required for result crimes?
Certain consequences as a result of the defendant’s conduct.
What is the result in a murder case?
The death of a human being.
What is required for a conviction in a criminal damage case?
Property must be destroyed or damaged.
What are state of affairs crimes?
Existence of certain circumstances at the time of conduct.
criminal offense that occurs when a defendant’s presence or status is enough to establish guilt.
Someone spikes your drink without you knowing and then you drive your car.
Even though X has not actually done anything other than sit in his car, he is guilty of an offence under s 4(2) of the Road Traffic Act (RTA) 1988, which makes it a crime to be
in charge of a motor vehicle on a road or other public place while unfit to drive through drink or drugs.
Give an example of a state of affairs crime.
Driving while unfit due to intoxication.
What is the justification for imposing liability on someone who had no control over the situation?
Protecting and upholding public policy.
What is the general rule regarding liability for omissions?
No liability unless there is a legal obligation to act.
What is an example of a legal obligation to act under the Children Act 1989?
Parents have a duty to care for their children.
When can a defendant be criminally liable for an omission?
When the law recognizes that they were under a duty to act and they failed to do so.
What are some situations where a duty to act may arise?
Duty arising out of contract, special relationship, voluntary assumption of care, creation of a dangerous situation.
for statute: f failing to provide a police officer with a specimen of breath when asked to do so or failing to stop after a road traffic collision.
There is also these relatiomships”
doctors and nurses (to care for their patients);
* members of the emergency services (to take all reasonable steps to safeguard the
public);
* lifeguards (to act to ensure the safety of people using the swimming pool)
Give an example of a duty arising out of contract.
Health care professionals have a duty to comply with their contracts.
ONLY APPLIES I.E THE CONTRACTUAL DUTY IF THEY ARE WORKING I.E IN THEIR CAPACITY AS A HEALTH INDIVIDUAL
When can a defendant incur criminal liability for an omission based on a special relationship?
When there is a family tie or when the defendant has assumed a duty towards the victim.
In what situations does a duty arise when a person voluntarily assumes care for another?
When the opposing person cannot care for themselves.
This could be due to a number of reasons – infancy,
mental illness or general ill-health.
Stone and Dobinson took in Stone’s sister, who was severely ill with anorexia and became bedridden. Despite their own challenges, they made minimal and ineffective attempts to care for her, and she eventually died from infected bed sores.
The court convicted them of manslaughter, ruling that by taking her in, they had a duty to act. Their failure to seek adequate help, like calling an ambulance, led to her death, establishing that individuals can be criminally liable if they undertake a caregiving role and neglect it, resulting in harm or death.
