Unit 2

What do I have to do… …to commit murder?

Have I committed murder… …if I put rat poison in my bosses favourite meal …but she isn’t hungry so she doesn’t eat it …at that very moment she has a heart attack and dies She is dead and I wanted her dead

A man is driving 60mph in a 30 zone Is this a crime? What if he is only doing so to get his wife, who is giving birth, to hospital in time? What if he is only doing so because he didn’t realise he was speeding? What if he is driving an ambulance?

A woman sees a child drowning… She doesn’t reach out a hand to save the child…is that a crime? When might it be a crime?

Crime A crime is an offence which can result in criminal prosecution Criminal cases involve a defendant and the prosecution who are represented by the Crown Prosecution Service Examples of crimes include murder and grievous bodily harm

Criminal Liability Liability = Legal responsibility Liable = Legally responsible Key Term

Elements of a crime The majority of crimes need to have two elements. These are: Actus reus which means the guilty act and Mens rea which means the guilty mind

Section 1(1) Theft Act 1968 defines theft as: A person is guilty of theft if he dishonestly appropriates property belonging to another with intention to permanently deprive the other of it An example Theft

Section 1(1) Theft Act 1968 defines theft as: A person is guilty of theft if he dishonestly appropriates property belonging to another with intention to permanently deprive the other of it. An example Theft

AR and MR activity In your booklets highlight the different parts of the definition which you believe to be actus reus and mens rea For bonus points guess what the offences might be

The burden of proof is on the prosecution. Prosecution must prove that D committed the AR whilst having the appropriate MR. Prosecution must prove both elements of the offence beyond a reasonable doubt. This known as the standard of proof. Criminal Liability Proving D is legally responsible

Conduct Crimes The act itself is illegal No harm or consequence need be established E.g. Dangerous driving – s.2 Road Traffic Act 1988 Types of Crime

Result Crimes Act caused a prohibited outcome or consequence Proof/evidence! E.g. Criminal Damage – s.1 Criminal Damage Act 1971 Types of Crime

Actus reus The guilty act The physical element of a crime Three ways for this to happen: A positive act A failure to act (omission) A state of affairs (Being in the wrong place at the wrong time)

Should he be liable? Look at the situation you have been given and discuss with the person next to you whether this person should be held liable and why?

Terminology sheet Any you aren’t sure of then find the meaning using your textbooks and phones Check with me if you are unsure the definition you have found is correct

Actus reus must be voluntary If they have no control then there is no actus reus Hill v Baxter

Physical force Leicester v Pearson Shunts- no liability

State of affairs Being in the wrong place at the wrong time Rare Also known as absolute liability No need to prove that the act was voluntary or any mens rea

State of affairs case law Larsonneur ‘illegal alien case’ Winzar- Drunk on the highway

One minute summary All students create a one minute summary of what we have learned about criminal law so far Some of you will be chosen at random to present yours

Omissions An omission is a failure to act- generally no liability in these situations There are 6 exceptions to this general rule: 1. Duty arising from an Act of Parliament (statute) 2. Contractual duty 3. Voluntary assumption of responsibility 4. Public duty 5. Duty through relationship 6. Creating a dangerous situation

1. Duty arising through statute Where an Act of Parliament says you have to act E.g. Road Traffic Act 1988 – failing to provide a breath sample

2. Contractual duty R v Pittwood 3. Voluntary assumption of responsibility If a person has chosen to take on a responsibility. There are limits to this. R v Stone and Dobinson

4. Public duty If the D has an official position which requires them to act R v Dytham- Policeman didn’t assist during a violent attack 5. Duty through relationship Usually a parent and child R v Gibbins and Proctor- Child died of starvation

6. Created a dangerous situation If they set in motion the chain of events they may be liable R v Miller

Question Explain, using examples, the term actus reus What to include? Define Voluntary nature of AR Omissions State of affairs Advice: avoid lists or numbering. Make sure you have enough case law as evidence. Explain it so that a child could understand it. Extension task: Create leaflet explaining AR to lay person