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Ar ppt 2013 14 Ar ppt 2013 14 Presentation Transcript

  • All of these we have come across at AS… can you work them out? And identify a case or even a definition?What’s the legal word?
  • A2 Criminal Law 1:Actus Reus & OmissionsMAH2013-14
  • Introduction:What do we do at A2?Criminal Law G15360% of A2 Law3 questions in two hoursOne essay questionOne problem questionOne application questionCriminal Law G15440% of A2 LawSynopticSource Booklet3 questions, no choiceOne essayOne case analysisThree short problems1. Be here2. Be equipped3. Be in correct attire4. Put your phone away5. Meet deadlines6. Try your best.7. No homework by email.
  • So what are the general rules in criminalliability?All crimes require two elements*Applying it.Which element of the crime do the following refer to?I’m going to steal a car.A punch in the face causing a black eyeI just shot a man and I’m glad.Woolmington v DPP 1935Ratio:This case establishes that D is innocent until proven guilty... and that it is for the prosecution to prove beyond a reasonable doubt the elementsof any crime charged against D and to disprove beyond a reasonable doubt anydefence save insanity that D may raise at his trial.
  • Should be a positive, voluntary actActus ReusLeicester v Pearson 19521. Why was this an involuntary action?2. What effect does this have on Ds liability?Got it? Let’s check...All of you should be able to decide whether ornot there has been a voluntary actus reusMost of you should be able to support this withreference to supporting caseSome of you may be able to determine whetherD also has a „guilty mind‟ or mens rea.D is at the doctors, having his reflexestested. His leg kicks out, causing thedoctor to suffer a black eyeD is dancing around, and clips V withher elbow, sending her over a smallbalcony, causing a broken leg.D is angry at V, and argues with him.Losing his temper he puncheshim, breaking his nose.D1 spikes D2’s lemonade, hoping he willstay and talk to her. D2 doesn’t realiseand drives his car home whilstintoxicated.
  • Gibbons & ProctorTheft PerjuryMurder WoundingWinzar v CC of Kent R v LarsonneurConsequence or ResultOmissionState of AffairsConductLast bit of general knowledge:The many ways to commit a crime(types of actus reus)
  • Plenary:So which type are each of these?Challenge yourself: Can you identify a legal issue with each one of these. In other words D isarguing that they are not guilty… why?Scenario Type of AR Why? Linked Case?D was sitting on a chair when aneight-year-old girl put her hand onhis penis outside his trousers forabout five minutes. The pressure ofthe childs hand caused him to havean erection.SpeckD takes £1000 out of the companysafe, intending to replace it when heis paid at the end of the month.VelyumlD puts metal bars across the exitsdoors from a theatre. He then turnsthe light off and shouts fire. Peopleare injured running into the bars.Martin
  • Omissions:Our first real area of the law! Student Task:So here are five sets offacts. In only one of themis there no crime.All of you should be ableto decide as a pair whichis the odd one outMost of you will be ableto explain why the othersshould be liable.Some of you will be ableto explain why themajority of thesescenarios are exceptionsto the general rule oncriminal liabilty and justifythose exceptions.D invites his sister tocome and stay withhim. Whilst she isthere, she refuses toeat any food anddies of malnutritionD walks home fromhis job as alifeguard. As hewalks past the localriver, he sees achild in therestruggling. He walkspast.D is searched by apolice officer whoasks him if he hasanything in hispockets. D repliesno, but has a needlewhich stabs theofficer.D walks home from his job as alifeguard. As he walks, he seesa child in the local riverstruggling. He jumps in to saveV, but in the resuscitationaccidently breaks one of herribs, resulting in V’s death.DD’s daughter haddiabetes. As a resultof their beliefs, theyrefused to letdoctors treat herwith insulin and shedied.
  • So, if those are the exceptions…what’s the general rule?Definition: An omission is a failure to do something. They come largely from thecommon law which means that they are created by the courtsGeneral Rule:At A2, to prove our points, we need an illustration or precedent .Here it is a case we have met at AS Airedale NHS v Bland
  • What do I mean by a ‘duty of care’?This is a legal not moral decision, and the list of situations is not finite!Donoghue v Stevenson 1932"You must take reasonable care toavoid acts or omissions which youcan reasonably foresee would belikely to injure your neighbour. Whothen, in law is my neighbour? Theanswer seems to be - persons whoare so closely and directly affectedby my act that I ought reasonably tohave them in contemplation as beingaffected when I am directing mymind to the acts or omissions whichare in question."R v Winters 2010Developing AO1:Why do we impose a duty on some people and sofind them liable if they fail to carry out their dutyproperly?E Grade:Clearly explainwhy the dutyexistsC Grade:Support yourexplanation witha well explainedcase.A Grade:Consider thelimitations youthink should beimposed on thisarea.
  • Duty arising from specific relationshipss.1 Child and Young Person’s Act 1933R v Gibbons & Proctor 1918R v Harris & Harris 1993
  • Duty arising from contractual obligationsR v Pittwood 1902R v Adomako 1993
  • Duty arising from public officeR v Dytham 1979What other jobs might this include?
  • Starter:Can you name the following cases?1. Neigh neigh... choo choo.2. My wicked stepmother didnt even giveme an apple!3. I may be a policeman, but I dont care.4. Ah don’t think that’s going to help himbreathe!5. Isnt he just veging out? Cant we (not) dosomething?6. A cold explosion proves deadly?All of you should be able togive the name or the facts ofthe case.Most of you should be able toidentify the duty.Some of you should be able toname the missing key case, andexplain why it is missing.
  • Voluntary Assumption of DutyR v Stone & Dobinson 1977R v Instan 1893How do we know when s duty of care starts... Or finishes?
  • Duty Arising from Dangerous Prior ConductR v Miller 1983R v Santana-Bermudez 2003
  • A new situation?R v Evans (Gemma) 20091. What happened?2. What is the main problem with omissions?3. What was the outcome of the appeal?4. Which duty could not be used to convict Dand why?5. Name one case which was followed by the CAin this decision6. What was the duty, which was developed bythe CA here?7. Do you agree that D was “under a plain andobvious duty”? Why?Remember that Khan and Khan had madeit clear that the courts could developmore duty situations...They had already done this with the caseof Wacker, but the most recentsituation is detailed in the edited lawreport.
  • Are they liable?Jack & Sophie are having a picnic on a farm. Jacklights a fire near a haystack. The haystack catchesfire, burning down the barn next to it. Jack andSophie run off and do nothing to prevent thespread of the fire.Mark starts to look after his elderly aunt. She isfrail and needs to be helped with her feeding.After 3 weeks, Mark gets a new girlfriend. Heforgets to take food to his aunt and she dies ofstarvation.Mitch is a lifeguard at a swimming pool. While onduty, a child drowns. Mitch didn’t realise what washappening because he was chatting to one of hisfriends.Susie, a teacher, is taking a group of students on acanoeing trip to enable them to bond. She makessure that the instructor is qualified, but doesn’tmake the students wear a life vest. One of thestudents, Sam, falls out the canoe and drowns.At A2 Law, half your marks comefrom the ability to apply the law to asituation and conclude on what thatmeans for a defendant.What to do:Read the following situations and complete thetable to shown if there is a duty to act in eachsituation. Explain your answers using relevantcases, and then conclude on what that means forD‟s liability.
  • Homework1. D, a teacher, decides to read her bookwhilst on a school trip. V, a pupil, slips andfalls into a pond drowning.2. D tells V that his car is safe to borrow, eventhough it is made of two separate carswelded together. V is driving down themotorway when the car splits in two and Vcrashes, dying.3. D takes care of her elderly mother, bringingher food each day. D then wins the lotteryand books herself on a cruise, but doesn’tarrange care for her mum, and she dies ofmalnutrition.Applying your understanding of the topic of omissions, and the skills required toapply the law successfully, write a paragraph explaining the liability of each of thefollowing defendants
  • Plenary:Answer one of the following questionsEvaluate whether the imposition of liability (finding D guilty) wasjustified in Winzar v CC of Kent?Describe one reason why we should impose liability on defendantswho failto do an actExplain what is meant by the neighbour principle, and identify the caseit comes from.Which type of actus reus is illustrated by the crime of murder, andexplain why.Identify the two key elements for criminal liabilityABCDE
  • Have you got your cases straight?Using your understanding ofthe topic, can you successfullymatch the case… to the clue…to the duty?All of you should be able todo this using your handoutsor the notes for those of youwho were absentMost of you should be ableto match them using yourbrilliant brains and earn alovely lollipopSome of you should be ableto identify which duty ismissing and link it to one ofthe present ones.So you end up with something like this (butcorrect of course!)
  • So have you got the essentials?OmissionsGeneral rule?Requires a „duty ofcare‟Common lawduties…Statutory DutiesReformsHow do we work out if thereis one?:Finite?
  • Statutory DutiesIn addition to those common law areas, there are some specific situations whereParliament has decided that an omission attracts criminal liability.s.5 Domestic Violence, Crime and VictimsAct 2004What is the offence created under this act?Why was the mother convicted? What washer „omission‟?What is the purpose of the legislationDo you agree with the new law?s.170 RoadTraffic Act 1988S.1 Child and YoungPersons Act 1933S.6 Road Traffic Act1988S.19 Terrorist Act2000
  • Evaluating Omissions:Does the Law Work?Before we go overthis as a class, weare going to get youto do some of thework, and look athow to develop acritical point.Task:Each of you hasselected a criticalpoint [somethingpositive or negativeabout the law onomissions] and youwill complete thecritical point.Need help?Throw it toanother in theclass – they canfill in one box foryou.Reason: • It is unfair as it means that those who attempt to kill by „failing‟ to feedsomeone are not liable for attempted murder, even though they have amens rea and intend to kill.Supporting caseor statute:• Criminal Attempts Act 1981• Instan – stopped taking aunt food.Relevant ratioor obiter:• CAA – attempt can only be an „act‟• Instan – was liable even though she didn‟t realise there was a legal duty, andseems unfair that she is liable, but a deliberate attempt to kill someone whois saved by accident is not liable.However: • The Law Commission has suggested that this should change and there areother statutory duties to cover the gap.Supporting caseor statute:• Report on Attempts 2009• Domestic Violence, Crime and Violence Act 2004 s.5 – familial homicideMujuruRelevant ratioor obiter:• D can now be prosecuted for allowing the death or serious harm to come toa child or vulnerable person, which may address some of the issues.“Not all offences can be committed by omission”
  • Student Task:Now you should be able to use this to completeyour own critical paragraph on p.14!
  • So have you got the essentials?Complete the last few bits, using what you have learnt this lesson!
  • End of Unit Assessment:Composing an A2 EssayYou are going to write your first A2 essay forhomework this week.It will be on the topic of omissions.The critical work we have just completed can beused to help with it.A few essentials: These are worth 50 marks It is split into 25 AO1, 20 AO2 & 5 AO3 You should include at least eight wellexplained and evaluated casesYou should use the words of the questionto frame your debateYou should look at both sides of theargument.
  • Stage One:The QuestionIn general the criminal law prohibits the doing of harm, but does not impose criminal liabilityfor an omission. However, there are justifiable exceptions to this general principle.Assess the truth of this statement by reference to situations where a failure to act may resultin criminal liability [50]
  • Stage Two:The IntroductionIntroduction:The purpose of the introduction is tooutline your argument, and clearly definethe terms you are using.Essentially, you are showing theexaminer you know what you are doing!
  • Stage Three:Discussing the LawArea: AO1 (25 marks) AO2 (20 marks)MeansDefine t he ar ea clear ly.Supporting evidenceCases, st at ut es et c which you willexplain t o illust r at e your areaCritical ResponseUse t he st at em ent t o com m enton t he applicat ion of t hat areain t he caseCounterargumentConsider t he ot her side of t hear gum entA- B link to a further case toexpand your argument.Origins/LatestlawAlways st ar t at t hebeginning! Omissionremoves liability Unless duty ofcare and breach Defined anddeveloped bycourtsDonoghue vStevensonAiredale NHS v BlandWinters Exception to general presumption Not finite list (Khan & Khan) – leadingto uncertainty From civil concepts – but goes furtherso unfair - Wacker Case by case development
  • Over to You!Complete the AO1 boxes for theareas of the law, using yournotes and understanding.ASK if you need to checkanything!
  • Stage Four:The ConclusionConclusion:The purpose of the conclusion is to drawyour argument to a close and concludeon the accuracy of the statement, using acase support your conclusions.
  • Writing a good, well developed responseYou are going to use theinformation on your snowballto produce a well explainedand evaluated paragraph,combining AO1 and AO2 The case of Stone and Dobinson, where DDattempted to care for the victim, who refusedtheir help, and they couldn’t get help becausethey didn’t know how to use a telephone, showshow harsh the duties can be on D. People areliable who should not be. DD did try to helpStone’s sister and did their best considering theirlow level of intellect. This case does notdemonstrate a justifiable exception – it is morallyunjust that they were convicted and sent toprison especially as V was a grown woman.However, in the case of Instan, the imposition of aduty was justified as she was the only carer forthe victim, and although D may not realise theyare under a legal duty as well as a moral one, byimposing this duty, the courts are helping toprotect vulnerable victims.My Critical Point:“The decision of the court in Stone andDobinson is unfair”
  • Plenary:Answer one of the following questionsDiscuss whether the law on omissions should have amoral basis, using a case to illustrate your argumentExplain why omissions are an exception to the generalrule on criminal liability.Describe what is meant by a ‘duty of care’What is meant by a ‘consequence crime’ and give anexample of one.Identify the two key elements in criminal responsibility.ABCDE