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Description
Mind Map on Enter text here, created by ciarawynne118 on 17/02/2014.
Mind Map by
ciarawynne118
, updated more than 1 year ago
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Created by
ciarawynne118
about 10 years ago
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OMISSIONS
Failure to act where the law imposes a duty to act.
The Actus Reus of a crime is the guilty ACT of the defendant.
actus reus must be a voluntary act- under the control of the D.
PITWOOD CASE
Railway employee failed to close the crossing gate and left. Cosequently, one man died and he was convicted of manslaughter.
The contractual duty created criminal liability for an omission where the D failed to act.
DYTHAM CASE
A uniformed police man saw a man being kicked to death. He didn't try and stop what was happening and drove away.
The persons public position created liability for an omission.
R V MILLER CASE
Miller fell asleep on mattress while smoking, there was a fire. He woke up but just moved to the other room.
The D failed to minimise harm caused by a dangerous situation, creating liability for an omission.
STONE AND DOBINSON CASE
Couple looked after anorexic sister who died from poor care.
The D voluntarily assumed responsibility, and failed to fulfill duty.
HILL V BAXTER CASE
Driver suffered a heart attack whilst driving.
This involuntary action does not form the A.R of a crime.
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