Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
14 Cards in this Set
- Front
- Back
|
Can an actus Reus be involuntary? |
No |
|
|
What are the 4 types of actus reus? |
1. An act 2. An omission 3. Consequences of an act 4. Circumstances |
|
|
If you believe you have an actus reus but you actually don’t, there’s no crime. Case and facts? |
Seller- D claimed his car was free from higher purchase. He believed this was a lie but it turned out true. There was no crime |
|
|
Some crimes appear to be omissions but are covered by the concept of a continuing act and so are in fact an act. Case and facts? |
Afghan- drove over police officers foot and refused to move when he realised. This was all a continuous act and as long as mens rea developed some point during, he was liable |
|
|
If someone creates a danger and fails to remove it, the creation of the danger is considered an act. Case and facts? |
Miller- drunk man with cigarette started a fire and when he realised he went to sleep in a different room instead of putting it out |
|
|
Medical professionals are in a unique position regarding omissions. 2 case names? |
Bland Re A (children) (conjoined twins) |
|
|
Bland facts |
Hillsborough disaster victim was in a persistent vegetative state. The courts said taking him off life support was merely an omission to help and so they weren’t liable |
|
|
Re A (children) (conjoined twins) facts? |
Courts held that the hospital would be liable of murder if they DIDN’T operate and separate the twins, even though this would for sure kill the weaker one (if they didn’t operate both would die) |
|
|
Special relationship duty of care case name and facts? |
Gibbins and Proctor- man and woman weren’t feeding (step) daughter and she died. They were liable because the special relationship gave them a duty to act |
|
|
Duty under a contract case and facts? |
Pittwood- failure to close gate when train was coming. He was liable |
|
|
Police contract duty case name and facts? |
Dytham- off duty police officer was in uniform and failed to stop someone getting beaten up. Guilty of misconduct because police officers owe a higher duty of care |
|
|
In offences where it’s described that an act MUST occur, it cannot be committed by omission. What case goes against this? |
Speck- 8 y/o girl places hand on man’s genitals and when he fails to remove it the courts considered this an act so he was liable |
|
|
In consequence crimes you must show causation (both legal and factual). What is the test for factual causation? |
But for test |
|
|
Some crimes occur because of certain circumstances, rather than an act itself. Case and facts? |
Larsonneur- French woman was deported out of Ireland to England against her will and as soon as she got to England she was arrested, despite having no choice in going there |
