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

Resource summary

	Created by ciarawynne118 about 10 years ago