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Flashcards in Actus Reus Deck (14)
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1
Q

Actus Reus

A

External element (Turner Kenny - such result of human conduct as thelaw seeks to prevent”

2
Q

Simester and Sullivan on Ar and Ommisions

A

” Where behaviour is arequired part of the AR, standardlegal doctrne stupulatese the behaviour requiresment is apositive act by D” Only when D has duty to intevene and prevent prohibited harm from occuring; but fials to do so can Ar be fulfilled ommision.

3
Q

Statutory Duty

A

e.g Children and Young Person’s Act 1933

4
Q

Duty Imposed on persons w/ special relationship to the victim

A

Gibbons &Proctor (1918)-D charged w murder on basis of deliberate failure to deed infant. Argued allowing death =/= Ar. Courts held it did. She had duty to act.
Evans?

5
Q

Spouses

A

Smith 1979: Spouse released froom duty to act… provided the victimhas the capacity to make rational decisions.
o Similarly unmarried partners have no duty People v Beardsley (1967)

6
Q

Duties Imposed on persons assuming a particular responsibilty

A

Stone & Dobinson [1977] S and his mistress D, held to be responsible for care of S’s sister, who died from combination of anorexia nervosa and their incomeptent neglect. Both concted on manslaughter.

7
Q

Duty arising under contract

A

o Pittwood (1902)- D had employed by a railway company to keep the gate at level crossing. He went to lunch forgetting to close the gate. A haycart subsequently entered the crossing was struck by a train. D was convicted of manslaughter.

8
Q

Duties imposed on person with a special relationship to the harm

A

Miller [1983]-vagrant set fire to matress w/ cig while sleeping. Wakes up sees fire and moves to other room continues sleeping. House caught fire D charged w/ arson. HOL: M commited arson by omission to deal with fire.

9
Q

Some offences cannot be commited by omissions

A
  • > Excludde liability by speccifying the type of behaviour that is required s.32 OAPA 1861 makes it an offence (inter allia) to “put” or “throw”
  • > Rape requires sexual intercourse
  • > Glanville williams- Assault
10
Q

Distinguish acts from omissions

A
  • > Acts require bodily movements- Simester Sullivan

- > Prohibiting omissions rules out many more choices than prohibiting acts.

11
Q

Crimes involving states of affairs

Situational liability

A

There are crimes which penalize defendants for situations they find themselves in.

12
Q

Larsonneur [1933]

A

D left England after visa expired. She was deported back to England for Ireland. Then charged her of ‘being found in the UK’ contrary to the Aliens Order [1920].

13
Q

Criticism of Strict Liability

A

S& S Criticise lack of voluntaryaction needed for her liability.
Ashowrth- Criticized that there was no behavioural element required. S&S think there’s nothing wrong w/ not having a behavioural element.

14
Q

Crimes of Posession

A
  • > Exist due to evidential issues and to curtail the harm that Is really objected to being the use.
  • > Justified by possession sometimes being a voluntary act.