556934
Description
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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Enter text here
- OMISSIONS
- Failure to act where the law
imposes a duty to act.
- 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.
- 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.
- Railway employee failed to close the
crossing gate and left. Cosequently, one
man died and he was convicted of
manslaughter.
- 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.
- The persons public position
created liability for an omission.
- A uniformed police man
saw a man being kicked to
death. He didn't try and stop
what was happening and
drove away.
- 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.
- The D failed to minimise harm caused
by a dangerous situation, creating
liability for an omission.
- Miller fell asleep on mattress while
smoking, there was a fire. He woke up
but just moved to the other room.
- STONE AND DOBINSON CASE
- Couple looked after anorexic sister
who died from poor care.
- The D voluntarily assumed
responsibility, and failed to fulfill
duty.
- The D voluntarily assumed
responsibility, and failed to fulfill
duty.
- Couple looked after anorexic sister
who died from poor care.
- HILL V BAXTER CASE
- Driver suffered a heart attack whilst driving.
- This involuntary action does
not form the A.R of a crime.
- This involuntary action does
not form the A.R of a crime.
- Driver suffered a heart attack whilst driving.
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