Basis of Criminal Liability

4214 Words17 Pages
C!minal Liability Actus Reus Actus reus is the physical element necessary for a crime; it can consist of an act, an omission or a state of affairs. Hill v Baxter (1958) Court gave examples where a driver of a vehicle could not be said to be to doing the act of driving voluntarily. These included where a driver lost control of his vehicle because he was stung by a swarm of bees, was struck on the head by a stone or had a heart attack while driving. Omissions Contractual Duty Pitwood (1902) A railway crossing keeper failed to shut the gates of the crossing before he went to lunch. A cart was crossing when it was hit by the train and a man was killed. The keeper was guilty of manslaughter as he had a contractual duty which he breached. A Duty Because of a Relationship (usually parent and child) Gibbins and Proctor (1918) A child’s father and his mistress failed to feed the child, so that it died of starvation; they were guilty of murder. A Duty Which Has Been Taken on Voluntarily Stone and Dobinson (1977) Stone’s elderly sister came to live with the defendants. She became ill and unable to care for herself. She died. The two defendants were convicted of manslaughter through failing to care for her or summons help when she became helpless. A Duty Through one’s Official Position Dytham (1979) A police officer witnessed a violent attack on the victim, but took no steps to intervene or summon help; instead he drove away from the scene. The officer was guilty of willfully and without reasonable excuse neglecting to perform his duty. A Duty Which Arises Because The Defendant has set in Motion a Chain of Events Miller (1983) A squatter accidentally started a fire. When he realized this was he realised this he left the room and went to sleep in another room. He did not attempt to put out the fire or summon help. He was guilty of arson. Causation Factual Cause - ‘but for’

More about Basis of Criminal Liability

Open Document