Criminal Liability

AQA LAW 

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  • Criminal Liability
    • Criminal  Law is concerned with the liability of an individual, society and or the state.
      • Some forms  of conduct such as murder have always been considered criminal. Other  conducts were criminal in the past but are no longer criminal. some activities like possessing some types of drugs are know criminal.
        • Actus Reus
          • Actus reus is volouantary delibarate Act. A criminal offence usaully reuires both a guilty mind (Actus rues and a guilty mind (Mens rea)
            • The Actus reus of a crime is the volountary delibarate act of the defendant.
              • The Actus rues is any Act is unlawful and has the consequence of causing an injury ti the victim that the law considers a wound or grievous bodily harm. this can range from a gun shot to to a punch in the head. all these appear to be volountary deliberate Acts of the defendant and so would form the Actus reus of Section 20.
                • There are however different considerations when; the act appears to be involuntary or there has been no positive act, merely a failure to act An Omission
                  • Involuntary Acts
                    • Everybody performs involuntary Acts such as closing your eyes when sneezing. This can bee seen in the Hil vs Baxter 1958. in this case the court gave examples of situations where a driver of a car would not be driving voluntary. these included being stung by a swarm of bees and being hit on the head with a stone. Such actions would not form the Actus reus of a crime.
                      • Omimisions
                        • An omission being a failure to act os not an Act. the law only makes a person liable for his or her failure to act where he or she has a duty to act. The duty can arise in a number of ways
                          • Duty arising from contract. this occurs when a failure to perform a contractual obligation endangers a life. In R V Pittwood 1902 a railway cross gatekeeper opened the gate and forgot to close it. 10 minutes later a hay cart crossing the line was struck by a train and the driver was killed. the gatekeeper was convicted of manslaughter on the ground that there was gross and criminal negligence  as the man was paid to keep the gate shut and protect the public.
                            • Duty arising from Statute. An act of Parliment can make it an offence to fail to act in defined circumstances. for example under S.1 of the Children and Young Persons Act 1933, the House of Lords ruled that the actus reus of a the offence is simply the failure fro whatever reason provide the child with the necessary medical care. Other examples include offences under the Road Traffic  Act 1988 such as failure to wear a seatbelt or failure to stop and report a road accident.
                              • Volountary assumption of a duty. If someone volounatryilytakes a responsability for another person, he or she also assumes the positive duty to act for the general welfare of that person. In R v Stone and Dobinson1977 an unmarried cohabiting couple invited Stones sister, who was anorexic to live with them. Althoug Stone and Dobinson were aware that the women was neglecting herself and that her health was deteriorating, they did nothing to assisther.eventually she died and Stone and Dobinson were convicte of her masnluaghter. they assumed a duty of care for her.
                                • dutty arising from prior conduct. if the defendant accidentally causes an act the causes harm, subsequentyk becomes aware of the danger created, there arises a duty to act reasonably to avert that danger. In R v Miller 1983the actus reus of the offence of arson is present if the defendant accidentally starts a fire and fails to take any steps to extuinguish it or prevent damage, due to a intention to destroy or damage property belonging to another or being reckless regarding whether any such property would be destroyed or damaged as in this case. the defendant by his own admission became ware of the fire and chose to do nothing.when Miller realised he had started a fire, he had tried to phone the fire brigade or had allerted the neighbours, he would not have incurred criminal liability.
                                  • Public Duty a perosn in a public office may be under a duty to care for others. in R V Dytham 1979 a police officer was held to be guilty of a crime when, without justification, he failed to perform his duty to preserve the queens peace by not protecting a citizen who was being kicked to death.
  • Actus Reus
    • Actus reus is volouantary delibarate Act. A criminal offence usaully reuires both a guilty mind (Actus rues and a guilty mind (Mens rea)
      • The Actus reus of a crime is the volountary delibarate act of the defendant.
        • The Actus rues is any Act is unlawful and has the consequence of causing an injury ti the victim that the law considers a wound or grievous bodily harm. this can range from a gun shot to to a punch in the head. all these appear to be volountary deliberate Acts of the defendant and so would form the Actus reus of Section 20.
          • There are however different considerations when; the act appears to be involuntary or there has been no positive act, merely a failure to act An Omission
            • Involuntary Acts
              • Everybody performs involuntary Acts such as closing your eyes when sneezing. This can bee seen in the Hil vs Baxter 1958. in this case the court gave examples of situations where a driver of a car would not be driving voluntary. these included being stung by a swarm of bees and being hit on the head with a stone. Such actions would not form the Actus reus of a crime.
                • Omimisions
                  • An omission being a failure to act os not an Act. the law only makes a person liable for his or her failure to act where he or she has a duty to act. The duty can arise in a number of ways
                    • Duty arising from contract. this occurs when a failure to perform a contractual obligation endangers a life. In R V Pittwood 1902 a railway cross gatekeeper opened the gate and forgot to close it. 10 minutes later a hay cart crossing the line was struck by a train and the driver was killed. the gatekeeper was convicted of manslaughter on the ground that there was gross and criminal negligence  as the man was paid to keep the gate shut and protect the public.
                      • Duty arising from Statute. An act of Parliment can make it an offence to fail to act in defined circumstances. for example under S.1 of the Children and Young Persons Act 1933, the House of Lords ruled that the actus reus of a the offence is simply the failure fro whatever reason provide the child with the necessary medical care. Other examples include offences under the Road Traffic  Act 1988 such as failure to wear a seatbelt or failure to stop and report a road accident.
                        • Volountary assumption of a duty. If someone volounatryilytakes a responsability for another person, he or she also assumes the positive duty to act for the general welfare of that person. In R v Stone and Dobinson1977 an unmarried cohabiting couple invited Stones sister, who was anorexic to live with them. Althoug Stone and Dobinson were aware that the women was neglecting herself and that her health was deteriorating, they did nothing to assisther.eventually she died and Stone and Dobinson were convicte of her masnluaghter. they assumed a duty of care for her.
                          • dutty arising from prior conduct. if the defendant accidentally causes an act the causes harm, subsequentyk becomes aware of the danger created, there arises a duty to act reasonably to avert that danger. In R v Miller 1983the actus reus of the offence of arson is present if the defendant accidentally starts a fire and fails to take any steps to extuinguish it or prevent damage, due to a intention to destroy or damage property belonging to another or being reckless regarding whether any such property would be destroyed or damaged as in this case. the defendant by his own admission became ware of the fire and chose to do nothing.when Miller realised he had started a fire, he had tried to phone the fire brigade or had allerted the neighbours, he would not have incurred criminal liability.
                            • Public Duty a perosn in a public office may be under a duty to care for others. in R V Dytham 1979 a police officer was held to be guilty of a crime when, without justification, he failed to perform his duty to preserve the queens peace by not protecting a citizen who was being kicked to death.

Comments

arianator 4 life

really good resource


arianator 4 life

really good resource


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