Actus reus Flashcards
Conduct element of the offence; describes what the defendant must be proved to have done/failed to do, in what circumstances, and with what consequences in order to be guilty (7 cards)
Voluntary Act Requirement
Bratty v Attorney-General of Northern Ireland: “the requirement that it should be a voluntary act is essential… in every criminal case” (Lord Denning)
M. Moore: we do not punish people for being bad, but for doing bad things; actions are ‘willed bodily movements’
When is D guilty of an omission?
D is under a duty to act
D breached the duty
D’s breach caused harm to the victim
When does the duty to act arise?
R v Dytham: police officer was under a duty to protect V being kicked to death
R v Pittwood: D gatekeeper was under a contractual duty to make sure the gate was closed
R v Evans (Gemma): mother had a duty due to the blood relationship with her 16-year-old daughter
R v Stone and Dobinson: assumed duties
R v Miller: creation of the danger
Not a closed list
What is required from a duty to act?
R v Singh: D must do what is reasonable
R v Stone and Dobinson: D’s own disabilities seemingly not taken into account
When will an omission cause the result?
R v Dalloway: must be shown that ‘but for’ D’s acting unreasonably in accordance to their duty, the harm would not have occurred; question was whether V would have been killed if D had been holding onto the reins properly
Arguments against criminalising omissions
M. Moore: it cannot be said that an omission causes a result- using ‘but for’ causation, had the person not been there the result would have been the same
J. Dressler: ‘BS laws’
- wrongful conduct, rather than an individual’s bad thoughts, that justify criminal intervention
- punishment of an innocent person is much more likely
- compel people to make the world better, rather than punishing people for actively making it worse
- positive duties are morally less powerful than negative ones, and also restrict human liberty to a greater degree
Cobb: “In the context of caregiving there is seemingly nothing more damning than a woman’s inability (or refusal) to satisfy the social expectations of her gender”
Arguments in favour of criminalising omissions
W. Wilson: what is morally worse/more significant? Shooting a child to save it from an agonising death in flames or failing to leave the door open for them and save them from a similar fate?
Amos: it is worse to kill a person than let them die, but it is worse to let them die than tickle them (even without consent)- the act is still blameworthy
