Omissions

    Cards (18)

    • Actus Reus
      Guilty Act, Physical element
    • Mens Rea
      Guilty Mind, Mental element
    • For a person to be found guilty of a crime it is necessary for the prosecution to prove TWO elements: Actus Reus and Mens Rea
    • "Actus non facit reum nisi mens sit rea": 'The act itself does not make a man guilty unless his mind is also guilty'
    • Principle: To commit the actus reus of a crime
      • The defendant's conduct must be Voluntary
    • Principle: For state of affairs crimes

      • The AR does not need to be performed voluntarily, the AR occurs by 'being found' in a certain situation
    • Good Samaritan Law
      Where a citizen is under a legal duty to help in an emergency situation
    • General rule regarding omissions
      You can't commit a crime by failing to do something
    • Exceptions to the general rule regarding omissions
      • A duty because of a special relationship
      • A duty because of a contract
    • Gibbins and Proctor Principle
      • D was liable for his omission, he had a duty to care for his daughter and failed to do so
    • Adomako Principle
      • D had a duty because of his contract, therefore liable for his omission, D convicted of gross negligence manslaughter
    • Duty
      A duty that has been voluntarily accepted
    • Stone and Dobinson (1977): 'If you voluntarily accept responsibility for another, you may be imposed with a duty to act regarding that person's welfare'
    • Duty
      Duty because of an official position
    • Dytham
      • Police officer watched man be beat to death
    • Duty
      Duty because of a dangerous situation
    • Miller
      • D was under duty to remedy dangerous situation he created
    • S.6 Road Traffic Act 1988 it is an offence to refuse to provide a specimen of breath when asked by a police officer