Elements of Offences; AR + MR (to add)

1) Is there an Actus Reus? (omission or act)

Act or an omission? 

Omission: 

• Most offences punish doing of positive acts - Criminal law is reluctant to criminalise ommissions

• May arise in 2 ways -> look to statute

1. Express liability - expressly states that omission is an offence 

2. Implied liability - words of offence are reasonably able to support the interpretation that it covers omissions as well as acts. (R v Miller- arson includes omissions)

• When D causes a dangerous situation and subsequently becomes aware of it, D has a duty to take action to rectify the danger. Failure/omission to do so may result in liability. (R v Miller (UK))

 1.1 Status offence?

Situational offence Prosecution is not required to prove any action/or omission.  Liability results from being (found) in a particular position/state/situation. May be liable even if not there on own volition (R v Larsonneur; R v Winzar)  Example: Being found on property etc without reasonable excuse.

1.2 Did D’s act/omission cause the prohibited result? (Causation)

Prosecution must prove D’s Actus reus caused the prohibit result  Person cannot be held liable when there is no other option available to them/ their actions didn’t cause the unlawful result (Kilbride v Lake)

R v Miller

Facts/Issue	Ratio
D squatting in an unoccupied house.  Lit a cigarette, went to bed and slept.   Awoke found mattress smouldering  Moved to another room and went back to sleep rather than taking any steps to put it out. Fire damaged the building.  Issue: Can an omission be an AR?	Initial accidental act but when D becomes aware there is no fresh act.  Destroys or damages is ambiguous such that an omission may satisfy the AR.  When D causes a dangerous situation and subsequently becomes aware of it, D has a duty to take action to rectify the danger. Failure/omission to do so may result in liability.

R v Larsonneur

Facts French citizen travelled to England.  Passport conditions of entry were changed and she had to leave immediately.  Travelled to Ireland authorities obtained a deportation order.  She was returned to England against her will in the custody of the Irish Police and handed over to the English Police.  Issue: Can you be liable of a status offence is you are not there by choice?

Ratio No choice to be there but was found guilty ‘She was found here and was, therefore deemed to be in the class of persons whose landing had been prohibited by reason of fact she had violated a condition on her passport Note: case is widely criticised for not making a commonsense interpretation of the legislation.

R v Winzar (1983 UK) (Not in CM)

D admitted to ED on a stretcher; was found to be drunk told to leave; found in a corridor and police called to remove him Police took him outside onto the road put in car.  Charged with being found drunk in a public highway.  Issue: Can someone who’s found somewhere not on their own volition be liable of a status offence?

Divisional court upheld conviction.  All that was required for liability was that D should be perceived to be drunk whilst on a public highway. Court need not have any regard to how they come to be there.

Kilbride v Lake

Left car on busy road.  Went back to find traffic offence drawing attention to no warrant of fitness being displayed.  Warrant had been in its correct position when he left the vehicle but had somehow been removed during his absence from the vehicle.  Issue: Whether something done perfectly lawfully by the appellant could become an offence on his part by reason of an intervening cause beyond his influence or control and which produced an effect entirely outside his means of knowledge

The appellant did not cause the crime to happen He simply had his car on the road. The warrant disappeared during his absence not within his conduct, knowledge or control = chain of causation broken. No opportunity to adopt a different course of action, and any inactivity on D’s part after the WOF was removed was involuntary