RECAPPrinciple of legality Elements of certainty and predictability to ensure people know the existence and extent of the law Role of Courts Precedent Law making Develop the law through interpretation Take into account provisions of ECHR Actus non facit reum nisi mens sit rea Throughout the web of the English criminal law one golden thread is always to be seen, that it is the duty of the prosecution to prove the prisoner¶s guilt. Woolmington v DPP per Viscount Sankey Duty on prosecution to prove guilt If there is reasonable doubt, prisoner to be acquitted. No matter what the charge, where the trial Burden of Proof On the prosecution Standard Of Proof ± beyond a reasonable doubt Exceptions? Common law ± defence of insanity Statute expressly provides otherwise no need to talk about MR .Actus non facit reum nisi mens sit rea Actus reus Prohibited conduct External elements Every part of the definition of an offence that is not the mens rea Mens rea Guilty mind Fault element AR first ± no AR. Generally apply in all criminal cases Eg: Theft Dishonestly appropriating property belong to another with the intention of permanently depriving the other of it. . What is Actus Reus? Prohibited conduct (not very good) External elements (too vague) Every part of the definition of an offence that is not the mens rea (duh?) . omission.What is Actus Reus? Act. or event Occurring in certain defined circumstances Resulting in a defined consequence . Act Specifically described Results/Consequences . he is guilty of an offence Act or omission? . Greener v DPP (1996) The Times. Feb 15 1996 3(3) of the Dangerous Dogs Act 1991:If the owner of a dog allows it to enter a place which is not a public place but where it is not permitted to be and while it is there it injures any person.Omission Distinction between act & omission a fine one Eg. (Herring) .Omission Criminal law imposes no obligation on persons to act so as to prevent the occurrence of harm or wrongdoing Save for exceptional circumstances Compromise need to preserve freedom of autonomy and the need to protect peoples lives and wellbeing. Omission 1. Legal duty to act . Express offences 2. Omission Express offences Definition of the offence specifies an omission to act Examples Section 24A Theft Act 1968 ³«he dishonestly fails to take such steps as are reasonable«´ Section 6(5) Road Traffic Act ³A constable may arrest a person without warrant if« that person has failed to provide a specimen of breath for a breath test when required to do so«´ . Omission Express offences Ahmad (1986) 84 Cr App Rep 64. CA s1(3) Protection from Eviction Act 1977 Acts of landlord which are likely to interfere with the peace or comfort of a residential occupier with the intention to cause him to give up occupation amounts to harassment Landlord failed to rectify serious defect with such intention Held: Not guilty . Omission 1. Legal duty to act . Express offences 2. Omission 2. a) b) c) d) e) Where there is a legal duty! Duty arising from holding a public office Duty arising out of contract Duty arising from relationship Duty arising voluntarily Duty arising from own wrongful acts . a) b) c) d) e) Where there is a legal duty! Duty arising from holding a public office Duty arising out of contract Duty arising from relationship Duty arising voluntarily Duty arising from own wrongful acts .Omission 2. Omission Duty arising from holding a public office Dytham (1979) QB 722 An on-duty uniformed policeman witnessed a murder but did not do anything to prevent it Charged for CL offence of misconduct in a public office Held: there was a deliberate failure and willful neglect without reasonable excuse/justification. . SUJATA PUTRAJAYA: Two Marine Department ship inspectors who were the officers-in-charge on Saturday when the ferry Seagull Express 2 caught fire and sank have been suspended from duties. 2007 Inspectors suspended over ferry tragedy By V.P. .Nation Wednesday October 17. a) b) c) d) e) Where there is a legal duty! Duty arising from holding a public office Duty arising out of contract Duty arising from relationship Duty arising voluntarily Duty arising from own wrongful acts .Omission 2. Omission Duty arising under a contract Pittwood (1902) 19 TLR 37 Facts . Omission Duty arising under a contract Pittwood (1902) 19 TLR 37 Held: Guilty of gross negligence manslaughter ³a man might incur criminal liability from a duty arising out of contract." Duty owed to road users even though contract with railway company . J. 450 Facts per Hawkins.Omission Duty arising under a contract Instan [1893] 1 Q.B. would not the mere fact of their living together be evidence from which an undertaking might be implied?´ . ³Why should not a contract be implied from such circumstances as those in this case? Suppose two people agreed to live together for their mutual benefit. 450 Not every moral obligation involves a legal duty There was a clear duty in this case She took in food using the deceased¶s money Under the ³voluntary´ head? .Instan [1893] 1 Q.B. Omission 2. a) b) c) d) e) Where there is a legal duty! Duty arising from holding a public office Duty arising out of contract Duty arising from relationship Duty arising voluntarily Duty arising from own wrongful acts . R.Omission Duty out of relationship Gibbins and Proctor (1918) 13 Cr.App. 134 Facts Duty on Gibbins as father Duty on Proctor to look after the child Held: Guilty for murder . L. 251 . no benefit Not under a duty nor entitled to carry on medical treatment Held: the omission to perform what had previously been a duty would no longer be unlawful Compare with Smith [1979] Crim.Omission Duty out of relationship Airedale NHS Trust v Bland [1993] AC 789 Invasive medical procedure No consent.R. a) b) c) d) e) Where there is a legal duty! Duty arising from holding a public office Duty arising out of contract Duty arising from relationship Duty arising voluntarily Duty arising from own wrongful acts .Omission 2. 122 Agreed to take deceased back into the house. Neighbour? Ruffell [2003] EWCA Crim. 450 But did she volunteer to take care of her aunt? Stone and Dobinson [1977] Q. . Instan [1893] 1 Q.Omission Duty from volunteering Voluntarily assume responsibility.354 They agreed to take in Stone¶s sister who fell sick. knowing that there was reliance.B.B. Omission 2. a) b) c) d) e) Where there is a legal duty! Duty arising from holding a public office Duty arising out of contract Duty arising from relationship Duty arising voluntarily Duty arising from own wrongful acts . .Omission Duty arising from own act Miller [1983] 2 A.C. recklessly failed to take any steps to put it out.161 Facts When the accused created a dangerous situation Actus Reus of arson is present if accidentally starts fire and thereafter. R. 830 Duty on drug dealer owed to druggie? .L.Omission New categories? R v Khan & Anor [1998] Crim. Acts or omission? Fagan [1969] 1 QB 439 Facts Found guilty of assault Act or omission? . ´ per Lord Mustill in Bland¶s case * .Acts or omission? ³(The distinction is a) morally and intellectually dubious distinction. what is being done is to omit to feed. .Acts or omission? Lord Mustill in Bland¶s case Removing the feeding tube ± positive act or omission? Leaving the tube but not letting the nutrients pass through? Timed feeding? Essentially. Acts or omission? Why is it important to distinguish acts from omissions? . NHS Trust B v H [2001] 1 All ER 801 .Acts or omission? NHS Trust A v M. NHS Trust B v H [2001] 1 All ER 801 Deprivation of life Deliberate act resulting in death Not providing treatment Death is due to injuries Includes discontinuing treatment when no longer in the best interest to do so .Acts or omission? NHS Trust A v M. peoples¶ (Herring) .Omission Recap Criminal law imposes no obligation on persons to act so as to prevent the occurrence of harm or wrongdoing Save for exceptional circumstances Compromise ± need to preserve freedom of autonomy and the need to protect peoples¶ lives and wellbeing. The Star Nation Thursday October 18. The police want to know why he ran away as he had a gun while the robbers just had parang and hammers. 2007 µCoward¶ security guard picked up By ANDREW SAGAYAM KUALA LUMPUR: A security guard. has been picked up for questioning. . who fled when robbers hit the goldsmith outlet where he worked. omission. and/or Resulting in a defined consequence . or event Occurring in certain defined circumstances.What is Actus Reus? Act. omission. or event Occurring in certain defined circumstances. and/or Resulting in a defined consequence .What is Actus Reus? Act. condition) S 25 Theft Act Going equipped for stealing. status. . when not at his place of abode. (1) A person shall be guilty of an offence if. etc. he has with him any article for use in the course of or in connection with any burglary or theft.Event (or conduct. Event (or conduct. status. condition) Street Offences Act 1959 1 Loitering or soliciting for purposes of prostitution (1)It shall be an offence for a common prostitute (whether male or female) to loiter or solicit in a street or public place for the purpose of prostitution. . Event (or conduct. status. condition) Aliens Order 1920 An offence for an alien to be found anywhere in the UK if leave to land in the UK has been refused Larsonneur (1933) 97 J.206 .P. status. or on any licensed premises. Winzar v CC of Kent (1983) The Times. shall be liable to a penalty not exceeding level 1 on the standard scale. condition) Licensing Act 1872 12 Penalty on persons found drunk Every person found drunk in any highway or other public place. 28 March . whether a building or not.Event (or conduct. and/or Resulting in a defined consequence Act. or event Occurring in certain defined circumstances.What is Actus Reus? omission. . when not at his place of abode. (1) A person shall be guilty of an offence if.Certain defined circumstances S 25 Theft Act Going equipped for stealing. etc. . he has with him any article for use in the course of or in connection with any burglary or theft. « with any gun. If any person shall . «or shall by night unlawfully enter or be in any land.. for the purpose of taking or destroying game.... . engine. he shall be liable« . net.Certain defined circumstances Night Poaching Act 1828 . or other instrument. unlawfully take or destroy any game or rabbits in any land. by night.