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6. What are the 5 exceptions to the general rule of omissions with cases

  • A contractual duty - Pitwood, Because of a relationship - Gibbins and Proctor, Taken on voluntarily - Stone and Dobinson, Official position - Dytham, set in motion a series of events - Miller
  • Contractual duty - Pitwood, Because of a relationship - Gibbins v Proctor, Taken on voluntarily - Stone v Dobinson, Official position - Dytham, set in motion a series of events - Miller
  • Contractual duty - Pitwood, Because of a relationship - Stone and Dobinson, Taken on voluntarily - Gibbins and Proctos, Official position - Dytham, set in motion a series of events - Miller
  • Contractual duty - Pitwood, Because of a relationship - Gibbins v Proctor, Taken on voluntarily - Stone v Dobinson, Official position - Miller, set in motion a series of events - Dytham

7. What is the thin skull rule?

  • Take your victim as you find him - R v Blaue, R v Hayward.
  • Leave your victim the same way - R v Brown, R v Haywire.

8. What is a voluntary act?

  • Hill v Baxter - if the D has not committed the act or omission voluntarily, he has not committed the actus reus at all.
  • Collins v Wilcock - if D has committed the act or omission voluntarily they can not have the mens rea.
  • Hill v Baxter - if D has committed the act or omission voluntarily, they do not have the mens rea.

9. What is the general rule of omissions?

  • A person CANNOT be guilty of an offence if they fail to act - Stephen's Digest of the Criminal Law (3rd Ed. 1887)
  • A person CAN be guilty of an offence if they fail to act - Stone v Dobinson