omissions Flashcards
Actus Reas, Mens Rea, and omissions (69 cards)
1
Q
define actus reas
A
the physical element of committing a crime
2
Q
define mens rea
A
the mental element of committing a crime
3
Q
what is an omission ?
A
where someone fails to act and it results in liability (LBO)
4
Q
What are the 8 omissions ?
A
- contractual duty
- public duties
- acceptance of care
- duty via relationship
- creation of danger
- omission under statue
- termination of duty
- good samaritin rule
5
Q
explain contractual duty
A
If you fail your contractual duty then you will be LBO
6
Q
Adomako
eye doctor, O2
A
- eye doctor didnt check O2 tube and patient died
- LBO as he failed his contractual duty
7
Q
explain public duties
A
emerancy services can be LBO if they fail to intervene
8
Q
Dytham
officer, beat, death
A
- police officer watched a bouncer bear someone to death and didnt intervene
- LBO as failed his public duty
9
Q
explain acceptance of care
A
if D chooses to take care of someone but fails they are LBO
10
Q
Stone and Dobbinson
sister, starve
A
- agreed to take in his ill sister
- couldn’t care for her and she starved to death
- LBO as they accepted care and failed
11
Q
Explain duty via relationship
A
parents and children have an automatic responsibility to take care of each other, if they then fail then LBO
12
Q
Gibbins and Proctor
child, neglect
A
- parents neglected and starved child to death, then hid her body
- LBO as failed duty of care
13
Q
explain creation of danger
A
if you create a dangerous situation and fail to act you will be LBO
14
Q
Miller
fire, self, stop
A
- started a fire, went back to sleepand didn’t put it out
- LBO as he created a danger and failed to stop it
15
Q
omissions under statute
A
some acts of parliment make you LBO if you do not act
16
Q
example of omission under statue
A
road traffict act 1988 - failure to stop at the scene of an accident
17
Q
explain termination of duty
A
- sometimes you can terminate your duty so you are not LBO if you fail to act
- eg: when a doctor tunrs of a life suppport machine - Bland ruiling
18
Q
explain the good samaritan rule
A
- if you see someone in danger you have a duty to help
- doesn’t exist in the UK
19
Q
what are the two parts to causation
A
factual causation
legal causation
20
Q
what is the test for factual causation
A
‘but for’ the defendants actions ….
21
Q
what is the test for legal causation ?
A
was D’s actions more than a minimal cause
22
Q
White
A
D poisoned his mums drink she died of a heart attack before she drank it
not guilty
23
Q
Pagett
A
used his pregnant girlfriend as a human shield during police shootout
Was the legal cause - guilty
24
Q
what happens if the chain of causation is broken ?
A
a lesser charge or a full acquittal
25
what are the 4 areas that can break the chain of causation ?
Thin skull rule
victims own acts
third parties
natural disasters
26
explain the think skull rule
if the victim has a physical weakness that makes them more likely to be injured
must be taken as found
Won’t break the chain
27
Blaue
stabbed a woman due to her religion - refused blood
chain not broken as religion is same as eggshell
28
what are the 4 areas to victims own act
escape
self treatment/ neglect
refusal of treatment
self injection
suicide
29
explain escape
can break chain
victims acts must be unexpected or grossly negligent
30
Roberts
takes a woman home tries to touch her up
she jumps our of the care to escape
chain not broken as her actions were reasonable
31
explain self treatment/ neglect
brakes chain of causation
32
explain refusal of treatment
won’t break the chain of causation
33
Holland
in a fight v is hit with a metal bar
got gas gasgrene but refused treatment
doesn’t break chain so guilty
34
explain self injection
breaks chain as it’s the victims choice
if D helps in any way chain doesn’t break
35
explain kennedy
victim was dealt heroin by D
v took it himself so the chain breaks
36
explain suicide
if you injure the person so much you affect their life
and the suicide is linked to you chain doesn’t break
37
wallace
jealous ex threw acid on her former partner, paralysing him
v committed suicide
jury decided causation when it was broken when it wasn’t
38
what are the 3 areas to third parties
negligent medical support
life support machines
other situations
39
explain negligent medical care
can break the chain
third parties actions must be grossly negligent
40
Jordan
v recovering from stab wound
doctor gave x3 doses of medicine v was allergic to
gave V lots of water to try to cover it up
not guilty as chain broken
41
explain life support
doesn’t break causation alsong as bland ruining us followed
42
Malcherek and Steel
doctors turned off life support following the bland ruilling
chain not broken
43
explain other situations
self defence - unlikely to break to chain
44
Pagett
used pregnant girlfriend as a shield during police shoot out
45
what are the 6 types of mens rea
1. intention
2. recklessness
3. negligence
4. transferred malice
5. coincidence
6. strict liability
46
explain intention
direct intent - aim and desire for the outcome, absolutely certain that it will happen
oblique intent - no aim and desire but they are virtually certain it will occur
47
Mohan
direct intent
attempted ABH on an officer
judge gave the definition of direct intent
48
Woolin
oblique intent
baby wouldn’t stop crying
launched baby across the room
confirmed the test for oblique intent 1998
49
explain recklessness
where you take an unjustified risk. tested with a two park test
1.did d see the risk and run it
2. was the risk unjustified
50
explain negligence
where your actions fall below what is expected of you - you are negligent
plays a role in criminal and civil cases
51
explain transferred malice
this is where you have the aim to commit a certain crime and you are guilty even if your victim is different from who you intended
52
Mitchell
pensioners were queing and D jumped the que
wanted to hurt victim A but victim B was injured
53
explain coincidence
As long as the Actus rea and Mens rea coincides at some point D is guilty
54
what are the two types of intent?
1. direct intent
2. oblique intent
55
explain direct intent
- highest level of mens rea and you must have an aim and desire to produce a certain result
56
Mohan
attempted ABH of an officer
57
Explain Oblique intent
- D does not have the aim or desire for the end crime
-but must be virutally certain something could happen as a result
58
Woolin
baby wouldn't stop crying so D launched baby across the room
59
what are strict liability crimes
crimes that only require partial mens rea
60
what are the 5 Gammon rules
1. Presumption of mens rea
2. Wording and context of the act
3. Quasi criminal offences
4. Degree of danger and social construction
5. Deterrence
61
explain presumption of mens rea
where a criminal offence is created, the courts presume that a MR is required in order to be liable
62
sweet v parsley
- D rented house to uni students who secretly were growing weed
- not guilty as didn't know
63
explain wording and context of the act
when a judge looks at an act of parliment he needs to look for words indicating mens rea. if it doesnt imply that MR is needed then we pressume it to be a SL offence
64
Cundy
sold alcohol to someone who was drunk. Guilty of SL
65
explain Quasi criminal offences
quasi offences are minor offences such as selling an out of date sandwich
66
Smedley's
dead catapillar found in tin of peas. guilty of SL
67
explain the degree of danger and social control
if the crime is dangerous to society or is a social concern, more likely to be SL to protect the people
68
Gammon
Ds building company deviated from blueprints and buildings subsequently collapsed . Guilty of SL as unsafe buildings are a danger to society
69
explain deterrence
SL will be imposed if it will deter people from doing the same offence
