Actus reus and omissions
1. Conduct crimes
2. Consequences- result crimes
3. Circumstances (rare on own, additional requirement)
1. CONDUCT:
Act- what act must d perform, precisely defined. (s1 sexual offence act 2003)
Omission- failure to act.
Must be voluntary- Hill v Baxter
2. CONSEQUENCES/ RESULT CRIMES:
Crimes where AR requires a result or consequence.
Act or omission.
Prosecution has to establish a link or ‘chain of causation’ between d’s conduct and result.
Rules of causation.
Can omission fulfil a conduct or consequences/result AR element?
1. Look at offence definition- is it possible for omission to fulfil AR?
2. Can this d have liability based on omission- is there legal duty to act in these
circumstances?
OMISSIONS:
1. Capability
2. Duty:
Statutory
Office holders
Contractual
‘special relationships’
Voluntary assumption of duty
Failure to fix dangerous situation which d created or contributed to.
Statutory duty:
Failure to stop, report an accident, give info or documents- s170 Road Traffic
Act 1988
Failure to disclose info about terrorism- s38B Terrorism Act 2000
Office holders:
R v Dytham- constable didn’t attempt to stop GBH of man and drove away,
guilty or neglecting to perform his duty.
Contractual duty:
R v pittwood- level crossing gatekeeper, failed to close gate and trains
collided, failure was AR as arose from contract, convicted of manslaughter by
omission.
1. Conduct crimes
2. Consequences- result crimes
3. Circumstances (rare on own, additional requirement)
1. CONDUCT:
Act- what act must d perform, precisely defined. (s1 sexual offence act 2003)
Omission- failure to act.
Must be voluntary- Hill v Baxter
2. CONSEQUENCES/ RESULT CRIMES:
Crimes where AR requires a result or consequence.
Act or omission.
Prosecution has to establish a link or ‘chain of causation’ between d’s conduct and result.
Rules of causation.
Can omission fulfil a conduct or consequences/result AR element?
1. Look at offence definition- is it possible for omission to fulfil AR?
2. Can this d have liability based on omission- is there legal duty to act in these
circumstances?
OMISSIONS:
1. Capability
2. Duty:
Statutory
Office holders
Contractual
‘special relationships’
Voluntary assumption of duty
Failure to fix dangerous situation which d created or contributed to.
Statutory duty:
Failure to stop, report an accident, give info or documents- s170 Road Traffic
Act 1988
Failure to disclose info about terrorism- s38B Terrorism Act 2000
Office holders:
R v Dytham- constable didn’t attempt to stop GBH of man and drove away,
guilty or neglecting to perform his duty.
Contractual duty:
R v pittwood- level crossing gatekeeper, failed to close gate and trains
collided, failure was AR as arose from contract, convicted of manslaughter by
omission.
