Actus Reus - Omissions and Causation
What was stated in the case of Jordan [1956]?
""Not only one feature, but two separate and independent features of treatment were, in the opinion of the doctors, palpably wrong and these [caused death]" (Hallet J).
What are the cases for factual causation?
"but for":- - the driver of a cart not holding the reins, would the child have died (Dalloway (1847) 2 Cox CC 273); - the accused putting cyanide in her glass of milk, would his mother have died (White [1910] 2 KB 124 C/A).
What is Edward Coke's definition?
(more relevant)
What are cases for omissions for assumption by conduct?
- Sinclair and Johnson Court of Appeal 21st Aug 1998: S close friend of V for many years - lived together almost as brothers- S supplied V with first methadone - knew that V not an addict - with V throughout period of unconsciousness - only person with him. Compare treatment of Sinclair with Johnson who was just dealer - no legal duty Instan (1893) 1 QB 450 - lives with and maintained by aunt. Fails to feed or call medical help when aunt develops gangrene. "It would not be correct to say that every moral obligation involves a legal duty; but every legal duty is founded on a moral obligation. A legal common law duty is nothing else than the enforcing by law of that which is a moral obligation without legal enforcement." Stone and Dobinson (1977) 2 All E.R. 341 - took in sister as lodger. Charged with gross negligence manslaughter - but what standard of care? Objective, reasonable bystander
What are cases for omissions where there is an assumption under contract?
-->A duty might arise under contract Pittwood (1902) 19 TLR 37 Dytham (1979) 3 All E.R. 641 - PC on duty ignores violent assault taking place under his gaze - convicted of misfeasance in a public office - argues couldn't be committed by omission - conviction upheld Or -->There may be duty of law enforcement: Dytham but also consider private citizen who fails to render assistance to PC when called upon?
What are omissions imposed by statute?
A duty might arise under a statute where there is - wilful neglect of child or spouse - health and safety at work legislation - failure to stop after an accident and much more...
What is meant by omissions 'creating dangerous situation'?
A duty might arise where D creates the danger initially
What case shows an example of a crime that cannot be committed by omission?
Ahmad [1986] 52 P & CR 346 (CA) The defendant was charged with an offence under the Protection from Eviction Act 1977 which required proof of the defendant 'doing acts calculated to interfere with [the victims] peace and comfort.' The defendant (a landlord) failed to carry out alterations on the victim's house and this left the premises uninhabitable, thereby interfering with the tenant's peace and comfort. The failure to carry out the altercations was not an 'act' and so the landlord was not guilty of the offence.
What are cases for 'take the victim as you find them?'
Blaue [1975] 3 All ER 446 C/A: "It has long been the policy of the law that those who use violence on other people must take their victim as they find them. This ... means the whole man, not just the physical man." (Lawton LJ). Dear [1996] Crim LR 595 C/A: the victim's death resulted from bleeding from the artery which the defendant had severed. Whether or not the resumption or continuation of that bleeding was deliberately caused by the victim, the jury was entitled to find that the defendant's conduct made an operative and significant contribution to the victim's death.
What are the cases for legal causation?
Cheshire [1991] 3 All ER 670 C/A: the accused's acts need not be the sole cause, or even the main cause of the prohibited consequence; it is sufficient that his/her acts should have contributed significantly to the death. A significant cause is simply a contribution that is not insignificant - the scenery in front of which a new cause of the prohibited consequence acted: Bush -v- Commonwealth 78 Ky 268 (1880).
What are the two types of crimes academic categorise?
Conduct crimes and result crimes?
What are conduct crimes?
Conduct crimes are those where only the forbidden conduct need be proved: no harm need be caused
What is meant by omissions and coincidence?
D must be shown to have i) relevant mental element at the time that ii) act comprising offence is committed:
What are cases for omissions which consider creating dangerous situations?
Fagan (1968) 3 All E.R. 442 - drives car onto policeman's foot. Court regarded this as a continuing act but better analysis suggests that D creates dangerous situation and then omits to remedy it Miller (1983) 1 All E.R. 978 - falls asleep with lighted cigarette. Wakes up, mattress alight but moves to adjoining room while house catches fire Evans [2009] EWCA Crim 650 - half-sister - failure to summon help for victim to whom D had given drugs
What are cases for omissions for special relationships?
Family relationships: Downes (1875) 1 QBD 25 - father believed in power of prayer rather than medicine and failed to call doctor - convicted of manslaughter Smith [1979] Crim LR 251 - wife gives birth at home - puerperal fever - averse to hospitals - husband fails to call ambulance Evans [2009] EWCA Crim 650 - mother (but not half-sister) failure to summon help for victim to whom D had given drugs Professional relationships: Doctor-patient: Airedale NHS Trust v Bland [1993] 1 All ER 821 considered end of life decisions involving 'not treating' - person may be criminally liable if there is duty to act. BUT duty to act not absolute but contingent ... Consider Liverpool Care Pathway - controversial
What does the case AG's ref (3 of 1994) clarify?
In order to convict the accused of murder it must be proved that D; i) did an act ii) it was deliberate and not accidental iii) unlawful iv) substantial cause of death v) of a person in being vi) intention to kill or cause gbh to another person
What are cases for 'take the victim as you find them UNLESS they are a drug addict'?
Latif & Others [1996] 2 Cr App R 92 H/L, Lord Steyn (p104): "The free, deliberate and informed intervention of a second person, who intends to exploit the situation created by the first, but is not acting in concert with him is held to relieve the first actor of criminal responsibility." Kennedy (No 2) [2008] 1 AC 269: "... D is not to be treated as causing V to act in a certain way if V makes a voluntary and informed decision to act in that way rather than another" (Lord Bingham).
What is the case to consider for omissions and coincidence?
Pittwood [1902] 19 TLR 37 D is level a crossing keeper on a railway. Opened gate to let road traffic pass - off to lunch and forgot to close it. Train hits hay cart on crossing and kills man Point A: Act is opening gate (positive act causing death) but with no mens rea Point B: Act is failing to close gate (failure to act causing death) but with mens rea of recklessness
What are result crimes?
Result crimes are a forbidden consequence is part of the actus reus, [so] the specified harm must be [proved]
What are cases for 'acts of the victim?'
Roberts [1972] 56 Cr App R 95 C/A: if the action of the victim which resulted in the prohibited consequence was: "the natural result of what the alleged assailant said and did, in the sense that it was something that could reasonably have been foreseen as the consequence of what he was saying or doing" then he remained responsible for it. Williams; Davis [1992] 1 WLR 380 C/A: where in a case of death following a threat of violence there was a real issue as to causation, the nature of the threat was important in considering both [i] the foreseeability of harm to the victim from the threat and [ii] whether the victim's action was so unreasonable as to break the chain of causation.
What must d have done to become a result crime?
S/he must:- a) kill - cause the death - of a victim (homicide); b) create the fear - cause the victim to apprehend - immediate and unlawful personal violence (assault); c) occasion - cause - actual bodily harm to a victim (s47 Offences Against the Person Act 1861)
What are medically negligent cases?
Smith [1959] 2 All ER 193 CMAC ("C/A"): "if at the time of death the original wound is still an operating cause and a substantial cause, then the death can properly be said to be the result of the wound, albeit that some other cause of death is also operating" (Lord Parker CJ). Malcharek; Steele [1981] 2 All ER 422 C/A: the original wounds were still continuing, operating and substantial causes of death. Mellor (1996) 2 Cr App R 245 C/A: the prosecution were only required to prove that the defendant's actions were a substantial cause - a significant contribution - to the death of the victim, not that some other (in)action was an insubstantial cause of the death.
What are the cases for single course of conduct?
Thabo Meli [1954] 1 All E.R. 373 - blunt force trauma - believed dead and pushed over cliff - died of exposure Church [1965] 2 All E.R. 72 - hit V over head - threw into river, believing disposing of corpse Le Brun [1991] 4 All E.R. 673- punched wife on jaw - dragged her - hit head on pavement - same sequence of events albeit lengthy interval - does not exonerate
What is Actus Reus?
The conduct element of the offence. It describes what the defendant must be proved to have done (or failed to do), in what circumstances, and with what consequences in order to be guilty of a crime
How can the chain of causation be broken?
Usually by medical intervention but liability rests upon whether it can be said that the doctors caused the death -->(D HAD NO LIABILITY) - Jordan and Bush -->Or failed to prevent it (liability remains with defendant) Smith [1959]; Malcherek; Steele [1981]; Mellor [1996])
What is meant by omissions 'assumption by conduct'?
Where D has voluntarily taken care of another who is unable to care for herself
What proof is needed for actus reus?
i) proof that D did a particular act ii) proof that the act caused a particular result, and iii) proof that the act or result occurred in certain circumstances