general elements of criminal liability

what is the actus reus?

guilty act - physical element of the crime
voluntary, deliberate act of D

what is the mens rea?

guilty mind - mental element of the crime

what is the burden of proof?

burden of proof is on the prosecution

what is the standard of proof?

beyond reasonable doubt

what was held in hill v baxter?

actus reus must be voluntary
examples of where a driver of a vehicle was not driving voluntarily:
stung by a swarm of bees
struck on the heady by a stone
had a heart attack whilst driving

what is an omission?

failure to act

what is the normal rule of omissions?

an omission cannot make a person guilty of an offence - doesn’t satisfy the AR

what is the exception to omissions?

omission cannot make a person guilty of an offence unless they are under a duty to act

in what circumstances does a duty to act arise?

out of a contract
out of a special relationship
from the assumption of care for another
arising from one’s official position
arising from the creation of a dangerous situation
from an act of parliament

what was the principle of pittwood?

duty from a contract
D owed a duty to act through a contract

what was the principle of gibbins and proctor?

duty from a special relationship
Ds owed duty to act through their special relationship with their child

what was the principle of stone and dobinson?

duty from the assumption of care
duty will be owed by anyone who voluntarily undertakes to care for another person whether through age, infirmity
Ds owed a duty through their assumption of care

what was the principle of dytham?