Actus Reus

Actus Reus
An act, omission, or state of affairs.
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Hill v Baxter
Court gave example, Driver of a vehicle attacked by swarm of bees.
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State of affairs
Larsonneur (1933) - Ordered to leave UK, went to Ireland but was deported back to UK, convicted.
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Omission
Statutory duty, contractual duty, Relationship, Taken on voluntarily, Ones official position (police officer), Chain of events.
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Statutory Duty
e.g. because of the Road Traffic Act, you must report a road traffic accident.
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Contractual Duty
Lifeguard leaving a pool unnattended. Pittwood omitting to shut the railway gates.
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Relationship
Gibbins and Proctor (1918) - Deliberately starved child to death, had a duty as a parent.
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Voluntary Duty
Stone and Dobinson (1977) - V (Fanny) came to live with D's, eventually became bedridden, Dobinson bathed her and prepared food for her. Stone has a relationship duty of care (brother/sister), Dobinsons was voluntary. Evans (2009) Heroine addict.
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Official Position
Dytham (1979) - Three men kicked v to death outside a night club, D was an on duty police officer, did not intervene. Then told bystander he was going off duty when V was dead. His official position made him liable.
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Chain Of Events
Miller (1983) - Fell asleep in a squat with cigarette in his mouth, woke up but did not attempt to put fire out, went back to sleep in another room. Convicted of arson. Santa-Bermudez (2003) - Needle in pocket.
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Unlawful Act Manslaughter
Must be an Actus Reus, cannot be done my omission. Lowe (1973) Father and mother of subnormal intelligence, D told mother to take sick child to doctor, neither did and child died. Conviction quashed because no act.
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Duty of Doctors
Airdale NHS Trust v Bland (1993) Bland was in a persistent vegetative state. Court ruled they could stop artificially feeding him even though he'd die, held to be in his best interests.
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Comments on the law of omissions.
Should there be a good Samaritans rule? Omissions in medical treatments. Future Acts. When is the duty broken?
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Other cards in this set

Card 2

Front

Court gave example, Driver of a vehicle attacked by swarm of bees.

Back

Hill v Baxter

Card 3

Front

Larsonneur (1933) - Ordered to leave UK, went to Ireland but was deported back to UK, convicted.

Back

Preview of the back of card 3

Card 4

Front

Statutory duty, contractual duty, Relationship, Taken on voluntarily, Ones official position (police officer), Chain of events.

Back

Preview of the back of card 4

Card 5

Front

e.g. because of the Road Traffic Act, you must report a road traffic accident.

Back

Preview of the back of card 5
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