General rules of criminal law

What are the 3 different types of crimes?

• conduct crimes

• Consequence crimes

• State of affairs crimes

What is a conduct crime?

The action itself is the crime, not the consequence. Not necessary for any consequence to be proved, eg: theft.

What is a consequence crime?

The consequence itself is the crime - actus reus. This is usually crimes where people die/ are seriously injured, eg murder, GBH, etc.

What are state of affairs crimes?

Creating a situation that doesn’t have a serious act/consequence, eg: carrying a gun or carrying drugs.

What does involuntary conduct mean and what case can be used as an example?

Where the defendant didn’t voluntarily act/had no control over their actions.

Case example: Winzar v Chief Constable of Kent - he had been taken to hospital and discharged for being drunk. Police were summoned to evict him and took him to the street outside, where he was charged with ‘being found drunk on the highway’. He was convicted because he had broken law - didnt matter that his conduct was involuntary

What is the general rule surrounding omissions?

Generally, an omission (a failure to act) can’t make someone guilty of an offence.

What is the Good Samaritan law?

A law that makes a person responsible for helping others in an ‘emergency situation’, even if they are complete strangers. However, this is not in place in England, instead it is more of a moral obligation. Different varieties of the Good Samaritan law are in place, eg Social Action, Responsibility and Heroism Act, 2015 (SARHA). The law seeks to protect good Samaritans from legal claims when a recipient of emergency care is harmed in the process.

What are the exceptions to the general rule of omissions?

When there is a duty of care.

What are the duties of care that are exceptions to the general omissions rule?

• a statutory duty

• A contractual duty

• A duty because of a relationship

• A duty which has been undertaken voluntarily

• A duty through ones official position

• A duty which arises because the defendant has set in motion a chain of events

What is an act example for a statutory duty in regards to omissions?

• road traffic act. Failure of duty present when failing to stop/report a road traffic accident, or offence of failing to provide specimen of breath

Whats a case example for a contractual duty in regards to omissions?

• Pittwood. D was a railway crossing keeper who omitted to shut the gates and, as a result, a person crossed the line and was struck and killed.

What is a case example for a duty because of a relationship in regards to omissions?

Gibbons and proctor - defendant was father of 7yr old girl. Him and his new partner kept girl apart from family and deliberately starved her to death. They were convicted of murder.

What are 2 case examples for a duty which has been undertaken voluntarily in regards to omissions?

Stone and Dobinson - stones elderly sister came to live with him and partner. She became incapable of caring for herself and died from malnutrition. Stone took on duty of care by having her live with them.

Evans - v was 16yr old heroin addict. Half-sister gave her heroin and v self-injected. She OD’d and was put to bed by mother and sister, hoping she’d recover. Neither got medical help for v and she dies. Sister created state of affairs which threatened vs life.

What is a case example for a duty through ones official position, in regards to omission?

Dytham - d was a police officer and witnessed a fight, which resulted in a man being kicked to death. Made no attempt to intervene/summon help. Instead, told a bystander that he was going off duty. Guilty of wilfully and without reasonable excuse neglecting to perform his duty.

What are 2 case examples for a duty which arises because the defendant gas set in motion a chain of events in regards to omission?

Miller - D was living in a squat and fell asleep smoking a cigarette. Awoke to find mattress on fire but didnt attempt to put out fire or summon help, just moved to a different room. Omission meant that he committed actus reus for arson.

Santa-Bermuda - before searching him, policewoman asked d if he had any needles/sharp objects on him. D said no and police officer was injured by needle which caused bleeding. D charged with s47 OAPA 1861 (actual bodily harm).

What is a case that is an example for factual causation being satisfied?

R v Pagett - D took pregnant girlfriend and held her hostage. When police told him top surrender, D came out firing at police and using girlfriend as human shield. Police returned fire and girl killed by bullets. D was found responsible for death as girl wouldn’t have died ‘but for’ hum using her as human shield.