AR

Cards (15)

  • Conduct crimes 
    Crimes requiring no result, all that has to be proven is the action of D. (Perjury, handling stolen goods)
  • Result crimes
    Requires proof of a result as part of the AR. (Murder, manslaughter)
  • State of affairs crimes
    The exitance of a situation is enough to form the AR of a crime. (R v Larsonneur)(Winzar v CC of Kent)
  • R v Larsonneur 
    Illegal alien, her visa had expired and yet remained in the UK while knowing this.
  • Winner v CC of Kent
    D was causing trouble in a hospital and so was removed, the police parked the car a short distance from the curb and in order to get into the car D had to walk on the road and was convicted of being drunk on the Queen's highway.
  • Voluntary nature of AR

    D's act or omission must be voluntary, if D has no control over his actions then there is no AR. (Hill v Baxter)
  • Involuntary nature of AR
    State of affairs crimes are the only type of situation where D can be convicted, even though they did not act voluntarily. (R v Larsonneur)
  • Omission general rule
    There is no liability for a failure to act
  • R v Pitwood
    Exception to omission: Failure to act under contract mademade him criminally liable
  • R v Gibbon & Proctor 

    Exception to omissions: duty owed to children byby parents
  • R v Stone & Dobbson
    Exception to omissions: duty voluntarily undertaken
  • R v Miller
    Exception to omissions: duty to limit accidental harm
  • R v Dytham
    Exception to omissions: duty toto the public
  • The road traffic Act 1988
    Exception to omissions : arising from statute
  • Airedale NHS Trust v Bland
    Exceptions to omission:  duty of doctors