Actus Reus

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What is a Positive Voluntary Act?
It means that the defendant has acted voluntarily
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Name examples of a Positive Voluntary Act.
Stabbing, Shooting, Spiking a drink, Kidnapping, Punching, Kicking
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What is the lead case for a Postive Voluntary Act?
Hill v Baxter
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What happened in Hill v Baxter?
Driver fell asleep at the wheel and ran someone over. He argued he was not in control of his actions as he was asleep. LP - Courts gave a fictional example of where a driver could not be in control: Heart attack or Attacked by a swarm of bees.
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What is an Omission?
A failure to act.
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Why are you not liable for an omission in the UK?
There is no good Samaritan Law
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What is a statutory duty?
An act of Parliament. S.6 of the Road Traffic Act - Failure to provide a police officer with a specimen of breath when required to do so is an offence.
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Explain the duty imposed by common law.
A person has a duty to act in certain situations
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What happened in Stone and Dobinson? (Duty to act because it was taken on voluntarily)
Stone's elderly sis came to live with D as she was very ill. Wasn't treated properly - no food. Eventually died of blood poisoning. LP - D were guilty.
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What happened in R v Pittwood? (Duty to act due to contractual employment)
D (gatekeeper for a railway company) forgot to close the gate. A train hit a hay-cart. One died and other was seriously injured. LP - D was guilty of manslaughter. His failure to act was in breach of his duty to do so
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What happened in R v Dytham? (Duty to act due to D's public position)
Off-duty police officer was on a night out. He witnessed a violent attack but didn't intervene or call for help - he drove away from the scene. LP - D was guilty of "wilfully and without reasonable excuse, neglecting to perform his duty"
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What happened in Gibbins and Proctor? (Duty to act because of a special relationship)
Nelly (V) was starved to death. Was evidence that Proctor (D - stepmum) "hated V and cursed her and hit her". LP - D were convicted of murder. Their failure to care and feed V satisfied the AR for murder
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What happened in R v Miller? (Duty to act because D created a dangerous situation)
D fell asleep on mattress with a lit cigarette in his hand. Woke up and saw that it had started a small fire. Instead of putting the fire out or calling for help, he went to another room and fell back asleep. LP - D was guilty of criminal damage.
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What does State of Affairs mean?
Where the accused has found themselves in circumstances that they did not choose to be in, but are illegal.
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What happened in R v Larsonneur?
Woman wanted to move to England - was refused entry. Went to Ireland on a ferry but again, was refused entry. Had to get the same ferry back to England. Was arrested. LP - Was guilty for not following orders
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Other cards in this set

Card 2

Front

Stabbing, Shooting, Spiking a drink, Kidnapping, Punching, Kicking

Back

Name examples of a Positive Voluntary Act.

Card 3

Front

Hill v Baxter

Back

Preview of the back of card 3

Card 4

Front

Driver fell asleep at the wheel and ran someone over. He argued he was not in control of his actions as he was asleep. LP - Courts gave a fictional example of where a driver could not be in control: Heart attack or Attacked by a swarm of bees.

Back

Preview of the back of card 4

Card 5

Front

A failure to act.

Back

Preview of the back of card 5
View more cards

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