Slides in this set
The voluntary nature of the Actus
An Act or omission must be voluntary on the
behalf of the defendant.
Hill V Baxter Driver could not be guilty as he
only lost control over his car after being stung
by a swarm of bees.…read more
State of affairs cases
There are rare instances where someone can be
guilty even though they did not act voluntarily.
They are guilty because of their state of affairs at
Larsonneur Defendant was ordered to leave
the UK, went to Ireland but they deported her
back. She was arrested for being in the UK
even though she had been forced back there.…read more
A Contractual Duty
A railway crossing keeper failed to shut the gates so that a person crossing the line was
struck and killed by a train. Guilty of manslaughter.
A duty because of an relationship
Gibbins and Proctor 1918
A child's father and his mistress failed to feed the child, so that it died of starvation. Guilty
A duty which has been taken on voluntarily
Stone and Dobinson 1977
Stone's elderly sister came to live with the defendants. She became ill and unable to care for
herself. The defendants failed to care for her or summon help when she became helpless
and she died. Convicted of manslaughter.
A duty through one's official position.
A police officer witnessed a violent attack but took no steps to intervene or summon help, instead
he drove away from the scene. Neglecting to perform his duty without reasonable excuse.
A duty which arises because the defendant has set
in motion a chain of events.
A squatter accidently started a fire, but didn't attempt to put it out or summon help after he
had realised, instead he went to sleep in another room. Guilty of arson.…read more