General Elements Of Criminal Liability Flashcards
(23 cards)
What is the ‘actus reus’?
the act of committing the crime
what are the types of crimes that involve actus reus?
1)conduct crimes
2) consequence crime
what is a conduct crime?
Where a specific act is prohibited (i.e. smoking in a public space )
What is a consequence act?
A crime where the outcome of the act is illegal, such as death
what are the different types of acts?
1) voluntary act
2) Involuntary state of affairs
3) no intent required
4)crime without intent
what is a voluntary act?
The voluntary act requirement means you cannot usually commit a crime without doing an act: a person is not guilty of an offence unless his criminal liability is based upon conduct that includes a voluntary act. ⇒ A voluntary act is defined as conduct which is performed consciously.
what is the case for a voluntary act?
Hill v Baxter
What is an involuntarily act or state of affairs?
It occurs when there is no criminal act or intent, but a crime was still committed.
what is the case for an involuntary state of affairs?
R v Larsonneur
what does (pitwood 1902) show?
when a persons contact requires him to act
what is the exception to the “no omission” rule in actus reus?
where a person has a duty to act, failure to do so gives rise to criminal liability.
what does (Dytham 1979) show?
where a persons public position requires him to act
Miller 1983
where a person fails to minimize the harmful consequences
Stone & Dibson 1977
where a person voluntaurly assumes a duty
Gibbsons & Proctor 1918
where there is a duty due to a relationship
What happens when there is failure by D, after the statute imposes a duty to act?
Failure by a person over 16 to provide or obtain adequate food, clothing or medical care for a child under 16 is an offence - children and young persons act 1933
What is failing to stop by D and when is it a criminal offence?
E.g. Failing to stop at a road traffic collision is a criminal offence - s.170 road tarffic act
When is failure to keep proper accounts a criminal offence?
Failure to keep proper accounts or business records, where there are required by law, is a criminal offence under the companies act 1985, the insolvency act 1986
when can the actus be state of affairs?
for which D is responsible.
what is an example of a state of affairs?
E.g. having an offensive weapon in a public space (s1 of the Prevention of Crime Act 1953). the defendant does not have to do anything with the weapon, nor does it have to be visible. it is enough that he has it with him in a public space.
What does Larsonneur 1993 show?
this case shows the harshness of a state of affairs offence, where there is no requirement of voluntary action by D.
The actus reus has to be voluntary for d to be guilty. What does voluntary mean?
Hill v Baxter 1958: the courts also gave examples of when a person would be acting involuntarily - e.g. if a swarm of bees were to fly into the car - any actions would be an involuntary reaction to this
