1. A2 Criminal Law 1
Actus Reus & its exceptions
… or how a snail might lead to a
manslaughter conviction!
MAH
2012-13

2. All of these we have come across at AS… can you work them out?
What’s the legal word?

3. Introduction:
What do we do at A2?
Criminal Law G153
60% of A2 Law
3 questions in two hours
One essay question
One problem question
One application question 1. Be here
2. Be equipped
Criminal Law G154 3. Do your work
4. Complete the case
40% of A2 Law studies (more on this on
Synoptic – Insanity and Automatism Friday!)
Source Booklet
3 questions, no choice 5. Listen
One essay
One case analysis
Three short problems

4. So what are the general rules in criminal law?
1. All crimes require two
elements*
Actus Reus
2. To convict it must be proven
beyond all reasonable doubt by Should be a positive, voluntary act
P
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.
Leicester v Pearson 1952

5. Applying the Law
At A2, there are more marks for applying than explaining the law. This means
you need to be able to use the rules you learn to decide on D’s liability.
Using just what you know so far, decide on the liability of each defendant:
D is at the doctors, having his reflexes
tested. His leg kicks out, causing the
doctor to suffer a black eye
D is dancing around, and clips V with her
elbow, sending her over a small
balcony, causing a broken leg.
D is angry at V, and argues with him.
Losing his temper he punches
him, breaking his nose.
D1 spikes D2’s lemonade, hoping he will
stay and talk to her. D2 doesn’t realise
and drives his car home whilst
intoxicated.

6. Last bit of general knowledge:
The many ways to commit a crime
(types of actus reus)
Consequence or You stab James, who dies.
Result
Conduct You use James’ phone without permission
You are in the wrong place… wrong time!
State of Affairs Winzar
You forget to close a gate and your child
Omission runs onto the road and is killed.

7. So which type are each of
these?
D is expelled from the UK. She goes
D takes £1000 out of the company to Ireland, who don’t want her and
safe, intending to replace it when he forcibly deport her back to the UK
is paid at the end of the month. where she is arrested for being an
Velyuml illegal alien.
Larsonneur
D was sitting on a chair when an eight- D puts metal bars across the exits
year-old girl put her hand on his penis doors from a theatre. He then turns
outside his trousers for about five
the light off and shouts fire. People
minutes. The pressure of the child's hand
caused him to have an erection. are injured running into the bars.
Speck Martin
Challenge yourself: Can you identify a legal issue with each one of these. In
other words D is arguing that they are not guilty… why?

8. Omissions:
Our first real Student Task:
area of the law!
On your table there are
five sets of facts. In only
one of them is there no
D walks home from DD’s daughter had crime.
D invites his sister to his job as a diabetes. As a result
come and stay with lifeguard. As he of their beliefs, they
him. Whilst she is walks past the local refused to let All of you should be able
there, she refuses to river, he sees a doctors treat her to decide as a group
eat any food and child in there with insulin and she which is the odd one out
dies of malnutrition struggling. He walks died.
past. Most of you will be able
to explain why the others
D is searched by a should be liable.
D walks home from his job as a
police officer who
lifeguard. As he walks, he sees
asks him if he has
a child in the local river Some of you will be able
anything in his
struggling. He jumps in to save to explain why the
pockets. D replies
V, but in the resuscitation majority of these
no, but has a needle
accidently breaks one of her scenarios are exceptions
which stabs the
ribs, resulting in V’s death.
officer. to the general rule on
criminal liabilty and justify
those exceptions.

9. So, if those are the exceptions… what’s the
general rule?
Definition: An omission is a failure to do something. They come largely from the
common law which means that they are created by the courts
General 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
AO2 Thinking: Is it always easy to divide actions into acts and omissions?

10. What do I mean by a ‘duty of care’?
This is a legal not moral decision
Donoghue v Stevenson 1932 A criminal example...
R v Winters 2010
"You must take reasonable care to
avoid acts or omissions which you can
reasonably foresee would be likely to
injure your neighbour. Who then, in
law is my neighbour? The answer
seems to be - persons who are so
closely and directly affected by my
act that I ought reasonably to have
them in contemplation as being
affected when I am directing my mind
to the acts or omissions which are in The list of situations we
question." are going to look at is
not finite. Khan & Khan

11. Duty arising from specific relationships
R v Gibbons & Proctor 1918
s.1 Child and Young Person’s Act 1933

12. Duty arising from contractual obligations
R v Pittwood 1902
R v Adomako 1993

13. Duty arising from public office
R v Dytham 1979

14. Voluntary Assumption of Duty
R v Stone & Dobinson 1977
R v Instan 1893

15. Duty Arising from Dangerous Prior Conduct
R v Miller 1983
R v Santana-Bermudez 2003

16. Starter:
Can you name the following cases and tell me which duty of care
was identified?
1. Neigh neigh... choo choo...
Sticker Challenge:
2. Fanny's been awfully quiet recently
3. Is that a needle in your pocket, or are you just
unhappy to see me? 15/20
1 mark for name or ½ for facts
4. My wicked stepmother didn't even give me an 1 mark for duty
apple!
5. I may be a policeman, but I don't care.
6. Cigarette, mattress
7. Ah don’t think that’s going to help him breathe!
8. Isn't he just veging out? Can't we (not) do
something?
9. Aunt I a lovely girl?
10. A cold explosion proves deadly?

17. A new situation?
R v Evans (Gemma) 2009
Remember that Khan and Khan had made it clear that the courts
could develop more duty situations...
They had already done this with the case of Wacker, but the most
recent situation is detailed in the edited law report.
1. What happened? 5. Name one case which was followed by the CA in
this decision
2. What is the main problem with omissions?
6. What was the duty, which was developed by the
CA here?
3. What was the outcome of the appeal?
7. Do you agree that D was “under a plain and
4. Which duty could not be used to convict D and obvious duty”? Why?
why?

18. Statutory Duties
In addition to those common law areas, there are some specific situations where
Parliament has decided that an omission attracts criminal liability.
s.170 Road S.1 Child and Young S.6 Road Traffic Act S.19 Terrorist Act
Traffic Act 1988 Persons Act 1933 1988 2000
s.5 Domestic Violence, Crime and
Victims Act 2004
What is the offence created under this
act?
Why was the mother convicted? What
was her ‘omission’?
Do you agree with the new law? What
kind of situations do you think it was
created to prevent?

19. Homework
Applying your understanding of the topic of omissions, and the skills required to
apply the law successfully, write a paragraph explaining the liability of each of the
following defendants
1. D, a teacher, decides to read her book
whilst on a school trip. V, a pupil, slips and
falls into a pond drowning.
2. D, a paramedic on duty, cycles past a
woman lying on the pavement bleeding.
She dies.
3. D tells V that his car is safe to borrow, even
though it is made of two separate cars
welded together. V is driving down the
motorway when the car splits in two and V
crashes, dying.
4. D takes care of her elderly mother, bringing
her food each day. D then wins the lottery
and books herself on a cruise, but doesn’t
arrange care for her mum, and she dies of Due next Friday 22nd June
malnutrition.

20. AO2: Applying the Law
Are they liable?
SITUATION DUTY? EXPLANATION
Jack & Isabel are having a picnic on a
farm. Jack lights a fire near a haystack.
The haystack catches fire, burning
down the barn next to it. Jack and
Isabel run off and do nothing to prevent
the spread of the fire.
Mitch is a lifeguard at a swimming pool.
While on duty, a child drowns. Mitch
didn’t realise what was happening
because he was chatting to one of his
friends.
Mark starts to look after his elderly
aunt. She is frail and needs to be helped
with her feeding. After 3 weeks, Mark
gets a new girlfriend. He forgets to take
food to his aunt and she dies of
starvation.
Remember: Use cases to illustrate your conclusions

21. True or False?
1. Omissions are not an exception to the general
rules on criminal liability
2. The list of duty situations is not finite, and has
most recently been added to in the case of
Evans (Gemma)
3. The principle of liability for a failure to act is
based on a civil decision, even though it can
bring criminal liability.
4. Stone and Dobinson were liable for the death
of their daughter as they are under a legal
duty to ensure she is taken care of. Challenge:
5. The case of Wacker illustrates that the civil Can you support your decision
and criminal interpretations of duty situations with relevant precedent?
are identical

22. … now use this information and your
Student Task:
understanding to complete the grid on p.13.
All of you should be able to explain what is
In your pair, you have one sheet of paper
meant by the question (in other words why it
with a critical statement relating to
is an issue)
omissions on it.
Most of you will be able to use a case to
You are going to add one of the pieces of
illustrate the issue (top box)
information and then throw it to another
pair, who will help you to complete it (and so
Some of you will be able to evaluate whether
on…)
or not it really is a problem (bottom box)
Tip: Use your fellow students to help you…
between you, you have all the issues covered!
*DON’T THROW THE SNOWBALL AWAY*

23. Writing a good, well developed response
You are going to use the
information on your snowball What do you mean?
to produce a well explained and
evaluated The case of Stone and Dobinson, where the
paragraph, combining AO1 and defendants attempted to care for the victim, who
AO2 refused their help, and the defendants couldn’t get
help because they didn’t know how to use a
telephone, shows how harsh the duties can be on
the defendant. People are liable who should not
be. The defendants did try to help Stone’s sister
and did their best considering their low level of
intellect. This case does not demonstrate a
justifiable exception – it is morally unjust that they
were convicted and sent to prison.
However, in the case of Instan, the imposition of a
duty was justified as she was the only carer for the
victim, and although D may not realise they are
under a legal duty as well as a moral one, by
imposing this duty, the courts are helping to
protect vulnerable victims.

24. Finally:
Was Jesus right?
Should the
What about law have a
the helper moral
who makes basis?
it worse?
In your pairs discuss the Consistency
in the law?
proposition that:
How does this
compare to
“The law expects too little from
other areas of
the law? us, and instead should require us
to help, not walk on by.“
Can you
use a case
as part of
Are all the
vulnerable argument?
victims
protected?

25. Plenary:
Answer one of the following questions
A
Discuss whether the law on omissions should have a
moral basis, using a case to illustrate your argument
B Explain why omissions are an exception to the general
rule on criminal liability.
C Describe what is meant by a ‘duty of care’
D
What is meant by a ‘consequence crime’ and give an
example of one.
E Identify the two key elements in criminal responsibility.

26. Plenary:
How much have you understood?
On the front of your handout you
have the assessment objectives.
This is what the examiner will
expect you to be comfortable
explaining and discussing.
To demonstrate your
understanding, I would like you to
answer one of the three AO1
bullet points on a post it, and one
of the AO2 points.
(Separate post its people!)

27. Homework
Write up your response to the
Yup, this is how hard I want you to work
statement:
at A2!
“The law expects too little
from us, and instead should
require us to help, not walk
on by.“
You should aim to write at least a
side, and include at least four well
described and evaluated cases.
Due: Thursday 21st June 2012