Actus Reus Flashcards
(37 cards)
What is Actus Reus?
-The physicla element of the crime
-Usually something the D does (an act) however can also be a something the D fails to do (an omission)
To turn actions or omissions into guilty acts or omissions what must be proven?
-It must be shown that D’s actions were voluntarily, this becuase the law generally requires positive behaviour to show that the D was acting of their own free will
In Bratty what did Lord Denning state?
“The requirment that the act of the accused should be a voluntary act is essential… in every criminal case. No act is punishable if done involuntarily”
What case supports the law in that behaviour can be classed as involuntary if D was not in control of their own body?
R v Mitchell
THe D tried to push his way through a queue at the post office. A older man told him off for this and then D punched the man and pushed him. This caused the older man to fall onto a lady who was knocked over, broke her leg and died from here injuries. The actions of the elderly man towards the V were involuntary and thus he was an “innocent agent” and not charged. D was convicted of inlawful and dangerous manslaughter.
What are the types of Actus Reus?
1) Conduct Crimes
2)Consequence Crimes
3)Circumstance Crimes
4)Omissions
What is a conduct crime?
Ds actions are prohibited. The consequences are immaterial in terms of proving the crime.
e.g Dangerous Driving, the D does not have to injure somone or damage property to be convicted.
What is a Consequence Crime?
Ds action must produce a particular consequene. Without the consequence it cannot be that particular offence.
e.g Death by dangerous driving, the act must result in death
What is a Circumstance Crime?
Ds circumstances put them in an illegal situation.
This is the exception to the voluntary rule.
(known as absolute liabilty)
What happened in Larsonneur?
D, a french national, was ordered to leave the Uk. She voluntarily went to Ireland, but the police deported her back to the UK. She did not want to return to the UK so on her return was involuntary but upon arrival to the UK she was arrested and charged.
(Circumstance Crime)
What is an Omission?
This is where D “fails to act” and it leads to harm to a person or property.
-It is generally excepted that individuals are under no duty to act in a particular way in a given situation, however in some circumstances individuals failure to act should be punished.
-This is where there is a relationship between D and V ( the situation that justifies why D can be blamed for the outcome and be prosecuted for it)
What are the 6 catergories that identify when D is under a duty to act?
1) Statutory Duty
2) Contractual duty (common law, created by judges)
3) Duty out of relationship
4) Voluntary assumption of care
5) Duty arising out of public duty
6) Creatring a dangerous situation (common law, created by judges)
What is Statutory duty ?
-An act of Parliament can make it an offence to fail to do something
e.g S.170 (4) Road Traffic Act 1988, it is an offence to fail to report an accident
Evaluate Statutory duty
-The laws are created by Parliament, and thus were deemed neccessary for the country
- The issue was likely the subject of consultation and scrutiny and motivated by protecting the country
-Statue law commonly applies prospectively
- Though it is a law by Parliament, the D is still voluntarily choosing to take part (in most circumstances)
-However, these laws are often made based on hypothetical sitiautions, thus sometimes unforeseen problems can arise
What is a Contractual duty?
-Where a contract requires action, D can be punished for their failure to fulfil there contractual role. D is under a duty to act becuase of the legally binding contract and this duty is owed to anyone who may be affected.
What happened in the case of Pittwood?
D was the signalman of a railway crossing. He ws employed to ensure the gate was shut when trains were due. D opened the gate but forget to close it when he went to lunch. A person crossing the line was hit and killed by an approaching train. The court deemed that the Ds contract not only meant he owed a duty to his employer but also the users of the crossing, as these people were dependent upon the proer performance of his contract. D was convicted of gross negligent manslaughter.
(contractual duty)
What happened in the case of Singh?
D was the landlord of a property of a faulty gas-fire which led to carbon monoxide posioning and the death of the tenants. D was under a duty to manage and maintai the property properly. His failure breached his duty and caused the death, therefore the court deemed it was deserving of 9 months impriosnment.
(contractual duty)
What is a duty because of relationship?
-This exists between family members, including grown up children who care for their elderly parents
-Generally, the closer the proximity, the more likely a duty will be imposed
Evaluate Contractual Duty
- A contract creates an explicit obligation that the D has voluntarily agreed to, thus it is fair that D is held responsible
-The imposition of liabilty is entirely foreseeable as it should be quite clear what steps are required to fulfill the contract - The duty can come to an end by meeting the duty or by terminating the contract, further highlighting that D is voluntarily entering the contract
-However, some people may not be completely aware as to the extent of their contractual role and responsibilites and not relasie it extends beyond the immediate parties within the contract
What happened in the case of Gibbins and Proctor?
Gibbins was the father of several children,including a nine year old gilr called Nelly. Gibbins was living with his lover, P, and her children. They kept Nelly seperate from the other children and deliberately starved her to death. Afterwards they made up a story that she had “gone away” and buried ehr body in the brickyard where Gibbins worked. G owed a duty to Nelly as her father, and P was held to ahve an assumed duty towards Nelly. The omission to failing to feed was deliberate, thus being sufficient mens rea for murder.
Evalute a duty becuase of relationship
-Due to this duty requiring sufficent proximity, the imposition of liabilty is relatively clear
-Liability is imposed fairly as the law is doing no more than upholding the moral duty inherent in the relationship in line with sociaetal expectations
-However, it is unclear whne this duty ends, as age can be irrelveant where there is continued reliance
What is a duty which has voluntarily been assumed?
-A duty will be owed to anyone who voluntarily cares for another person
-If D takes on responsibilty for another, they will be under a duty to act to continue providing such help
What happened in the case of R v Stone and Dobinson?
Stone lived with Dobinson. In 1972, Stone’s sister (the victim) came to live with them. She was mentally ill and initially was capable of looking after herself however her condition deteriorated,, now confined to a bed. Stone and Dobinson both had disabilites. However, on at least one ocassion, Dobinson had help V to wash and prepare food for her. They had tried to find a doctor but failed, when a doctor was called the V had already died. Court of Appeal upheld gross negligent manslaughter convictions.
What happned in the case R v Instan?
Instan (the D) lived with her 72 year old aunt, her aunt became unwell and was unable to move and care for herself. D failed to feed V, failed to get medical assistance and even conducted conversations with her neighbours, whist failing to disclose her aunts dire condition. D was convicted of gross negligent manslaughter.
Evaluate a duty which has been voluntarily assumed
-Imposing liability for omissions in certain situations is beneficial as it helps prevent carers abandoning their responsibilities and leaving victims to suffer
-In most situations, the D has voluntarily undertaken this duty rather having forced upon them and therefore the law is simply holding the D to their promise
-Deterrers people to not offer care for other unless able to properly fulfil their duty
-However, convictions may be low, especially in cases were D were doing their best and D also had capacity issues
-It is unclear how much help is needed- D may be committing themselves to something they do not know the full extent of, or Vs condition worsens past the extent D can care for or expected
-Ending the duty holds some issues, as the V may believe they do not want any help, therefore would this end the duty
