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Law > General Elements of Liability and the Elements of a Crime > Flashcards

General Elements of Liability and the Elements of a Crime Flashcards

1
Q

What are the two elements needed for a crime?

A
  • Actus Reus

- Mens Rea

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2
Q

To find a defendant guilty, it must be proved…….

A
  • Beyond reasonable doubt
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3
Q

What case set the precedent that it is (subject to exceptions) always for the prosecution to prove beyond reasonable doubt that the defendant committed the crime in question?

A
  • Woolmington v DPP (1935)
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4
Q

What can the Actus Reus be? (3)

A
  • A voluntary act
  • An omission
  • A state of affairs
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5
Q

What was decided in Hill v Baxter (1958) What were held to be examples of involuntary acts? What was held not to be an example of an involuntary act?

A
  • A voluntary act is required as part of the actus reus of manslaughter
  • Reflex actions after being hit on the head with a hammer or being stung by a swarm of bees, NOT falling asleep while driving
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6
Q

Define a state of affairs in terms of Actus Reus

A
  • Where the defendant had not acted voluntarily but has nonetheless been convicted of a crime
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7
Q

Name two cases where the Actus Reus was a state of affairs

A
  • Larsonneur (1933)

- Winzar v Chief Constable of Kent (1983)

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8
Q

What happened in Larsonneur (1933)?

A
  • A French woman was deported to England from Ireland against her will
  • She was charged with being an ‘illegal alien’ even though she had no choice in the matter
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9
Q

What happened in Winzar v Chief Constable of Kent (1983)?

A
  • Man removed from hospital by police as he was drunk

- Arrested for being intoxicated on a highway even though the police put him there

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10
Q

A failure to act (omission) does not usually result in someone being found criminally liable in English law. What are the six exceptions to this? Which are statutory duties and which are common law duties?

A
  • A person will be held criminally liable for failing to act where:
    • there is a duty created by statute
    • they have a contractual duty to act
    • there is a duty imposed by their official position
    • they have voluntarily accepted responsibility for another
    • they have created a dangerous situation
    • there is a special relationship
  • The first is a statutory duty, the rest are common law duties
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11
Q

Name two statutes that impose criminal liability for an omission. What omission do they impose liability for?

A
  • The Road Traffic Act 1988 - for failure to provide a breath specimen when required
  • The Children and Young Persons’ Act 1933 - for failure to send a child to school
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12
Q

Give an example of a contractual duty to act

A
  • A lifeguard has a duty to act to save people’s lives if they are in the swimming pool when they’re on duty
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13
Q

Give an example case for contractual duty to act. What happened?

A
  • Pittwood (1902)
  • Railway employee failed to shut the gates on the railway crossing and went on his break, causing a hay cart to be hit by a train
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14
Q

When can a duty imposed by official position lead to criminal liability?

A
  • When a person is guilty of misconduct
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15
Q

Give an example case that illustrates a duty imposed by official position. What happened?

A
  • Dytham (1979)

- On-duty police officer did nothing to prevent a man being kicked to death (found guilty of manslaughter)

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16
Q

Give an example case for the voluntary acceptance of responsibility for another. What happened?

A
  • Stone & Dobson (1977)
  • Couple found guilty of manslaughter as they failed to adequately care for the girl they promised to care for (she died)
  • They owed her a duty of care and failed in that duty
17
Q

When is a special responsibility usually created?

A
  • In a parent-child relationship
18
Q

Name two key cases for special responsibility

A
  • Gibbins and Procter (1918)

- Khan (1988)

19
Q

What happened in Gibbins and Procter (1918)?

A
  • 7 year old girl died of neglect (dad literally didn’t feed her)
  • Father had a duty of care and so was guilty for breaching it
20
Q

What happened in Khan (1988)?

A
  • Drug dealer was found not to have a duty of care to his clients and a manslaughter conviction was quashed
21
Q

Name two key cases for the creation of a dangerous situation

A
  • Miller (1983)

- Santana-Bermudez (2003)

22
Q

What happened in Miller (1983)?

A
  • Squatter woke up to find his mattress on fire
  • Instead of putting it out he simply left the room and went back to sleep
  • Found guilty of arson
23
Q

What happened in Santana-Bermudez (2003)?

A
  • It was held that a suspect’s failure to tell a police officer when asked if there were any sharp objects in his pocket (he said no when there was a needle)
  • She pricked herself, and him not telling her amounted to the actus reus for ABH
24
Q

In what two ways can manslaughter be committed?

A
  • an unlawful and dangerous act

- Gross negligence

25
Q

What is required for unlawful and dangerous act manslaughter? What can it not be committed by?

A
  • A positive act

- An omission

26
Q

Name a case that illustrates the need for an unlawful and dangerous act in manslaughter

A
  • Lowe (1973)
27
Q

What happened in Lowe (1973)?

A
  • Man convicted of manslaughter, but it was quashed on appeal as there was no unlawful and dangerous act
28
Q

What should the defendant have been charged with in Lowe (1973)? Why?

A
  • Gross negligence manslaughter because it can be committed by an omission, whereas unlawful and dangerous act manslaughter cannot
29
Q

Define unlawful and dangerous act manslaughter

A
  • When a death results from the commission of an illegal act, plus no mens rea for murder
30
Q

Define gross negligence manslaughter

A
  • Where a death is caused by a person breaking their duty of care
31
Q

What case decided that treatment that is in the patient’s best interests is not considered to be an omission and so is therefore not the actus reus?

A
  • Airedale NHS Trust v Bland (1993)
32
Q

What was held in Airdale NHS Trust v Bland (1993)?

A
  • It was held that an order to allow for Bland, who was in a vegetative state, not to be fed anymore, was in Bland’s best interests
33
Q

The law states that to be considered deceased one has to be what?

A
  • Brain dead
34
Q

The duty to determine quality of life and the right to end it is only practiced by medical experts. Name two cases that illustrate this. What was the issue in both

A
  • Diane Pretty
  • R v Nicklinson
  • Both wanted help committing suicide
35
Q

What was decided in both Diane Pretty and R v Nickinson?

A
  • Denying someone the right to die does not contravene someone’s human rights
36
Q

If someone is helped by a non-medic to end their life, what two factors apply?

A
  • Condition

- Consent of victim

37
Q

What are the three elements required to prove gross negligence manslaughter?

A
  • A breach which caused death
  • A breach that is serious enough to be considered a crime
  • Adomako test
38
Q

In what case was the Adomako test established?

A
  • R v Adomako (1995)

Law (45 decks)

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