Actus Reus

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  • Created by: hroper
  • Created on: 10-05-18 14:27
R v Larsonneur (1993) State of Affairs crime
The defendant was deported from the UK and went to Ireland but was deported back to the UK against her will. When she landed in the UK she was arrested for being illegally in the UK. she did this involuntary but was chargedas it was state of affairs
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Hill v Baxter (1958) Voluntary nature of Actus Reus
The court gave examples of where a driver cannot be in control of driving voluntarily where he was being stung by a swarm of bees, or having a heart attack.
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R v Mitchell (1983) Voluntary nature of Actus Reus
D tried to push to the front of the queue at the post office. A 72 year old man told him off for this. D punched the man causing him to fall over into a 89 year old woman who died. The man was not guilty as it was done involuntary.
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R v Pittwood (1902) A contractual duty
A railway keeper failed to shut the gates resulting in a person being killed by a train. The keeper was guilty of manslaughter as his failure to do his duty made him guilty.
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An example of a statutory duty
Failing to report an accident (s170)
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R v Gibbins and Proctor (1918) A duty because of a relationship
A father and his partner deliberately starved his 7 year old daughter to death and isolated her from the rest of the children. As a father he has a duty to feed her because he was her parent. The failure to feed her led to the intention of killingher
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R v Stone and Dobinson (1997) a duty which has been untaken voluntairly
Stone's sister was bedridden and unable to care for herself. Dobinson had undertaken some care of her such as feeding her. Fanny died of malnutrition and both D's were guilty. This is because Dobinson had undertaken care voluntary.
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R v Dytham (1979) A duty through one's official position
D was a police officer on duty who failed to stop the victim from being kicked to death. The Defendant took no steps to intervene or summon help. Because the D was a Police officer he was guilty of neglecting to perform his duty without reasonable ex
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R v Miller (1983) A duty which arises because the D set in motion a series of events
D fell asleep whilst smoking and awoke to find his mattress on fire but left the room to go back to sleep. The house caught fire and he was convicted of arson due to failing to take reasonable steps to deal with the fire which led to the actus reus.
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Airedale NHS v Bland (1993) The duty of doctors.
Bland had brain damage which left him a persistent vegetative state unable to do anything for himself and unaware of his surroundings. The court ruled that the doctors could stop artificially feeding him due to it being in his best interest.
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R v Khan & Khan (1998) Problems of deciding when a duty exists
Ds supplied heroin to a new user who took it in their presence and collapsed. They left her alone and when they returned she was dead. Their conviction was quashed but the court ruled that their could be a duty to summon medical help at certain times
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Other cards in this set

Card 2

Front

Hill v Baxter (1958) Voluntary nature of Actus Reus

Back

The court gave examples of where a driver cannot be in control of driving voluntarily where he was being stung by a swarm of bees, or having a heart attack.

Card 3

Front

R v Mitchell (1983) Voluntary nature of Actus Reus

Back

Preview of the front of card 3

Card 4

Front

R v Pittwood (1902) A contractual duty

Back

Preview of the front of card 4

Card 5

Front

An example of a statutory duty

Back

Preview of the front of card 5
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