physical element of a crime. - failure of act (omission) or a state of affairs
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What is known as a state of affairs case?
Where D has been convicted even though though did not act voluntarily.
2 of 19
Describe a state of affairs case.
Larsonner, she was ordered to leave the UK. When going to Ireland, they sent her back to the uk and was arrested even though she did not do this voluntarily. She was charged being an illegal alien.
3 of 19
Which case established that the actus rea must be a voluntary act?
Hill v Baxter
4 of 19
Give examples of an involuntary act.
Reflex action resulting in hitting someone, driver loosing control due to a swam of bees, being struck on the he'd by a stone or having a heart attack while driving.
5 of 19
Why is the Good Samaritan law in place in certain countries ? (omission)
It makes a person responsible for helping others in an emergency situation. French Law has this.
6 of 19
What are the problems with the Good Samaritan law?
People may have the wrong intentions and pretend to be hurt in order to rob a stranger, putting the stranger at risk in order to help.
7 of 19
What are the six ways a duty can exist?
Contractual, Official position, Relationship, Statutory,Voluntarily, where D has set a motion of events.
8 of 19
Give an example of a statutory duty.
Parliament- failing to stop or report a road traffic accident under the Road Traffic Act.
9 of 19
Give an example of a contractual duty. (case)
Pittwood, railway crossing keeper omitted to shut the gates. As a result a person crossing was killed by a train.
10 of 19
Give an example of a duty by relationship. (case)
Gibbins and Proctor, fathers daughter was deprived of food and starved to death by the fathers partner. They were both convicted of murder. The failure to feed the girl and the omission was deliberate.
11 of 19
Give an example of a duty undertaken voluntarily. (case)
Stone and Dobinson, Elderly sis came to live with D's, she failed to eat, became bedridden and incapable of caring for herself. D's occasionally helped but v died from malnutrition
12 of 19
Give an example of duty through ones official position. (case)
Dytham, a police officer saw a fight take place ending with death but he took no steps to help. He told a bystander he was off-duty and was convicted of misconduct in a public office.
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Give an example of a duty which arises when d set in motion a chain of events. (case and reason)
Miller, a squat fell asleep smoking. The mattress set fire, he failed to summon help and moved to another room and the house caught fire. He was convicted of arson by omission failing to take the reasonable steps to deal with the fire.
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Give another example of a duty which arises when d set in motion a chain of events (case)
Santa-Bermudez, a policewoman searched D's pockets. when asked if he had any sharp objects on him he said no but a needle injured her causing bleeding. D was convicted of assault - abh under OaPA. failure to inform the officer of the needle
15 of 19
What type of manslaughter cannot be committed by an omission? (and case)
Unlawful act manslaughter, Lowe
16 of 19
Which case established that it's ok if the stopping of treatment is the best interests of a patient? (not an omission)
Airedale NHS Trust v Bland
17 of 19
What are some reforms for the law on omissions?
Wider liability eg Good Samaritain, medical treatment, when a duty should be imposed, jury deciding if duty has been broken,failure to act being liable
18 of 19
Which case shows the law on omissions being expanded? (but still problems)
Khan and Khan, supplying heroin and leaving user alone who died. Duty to summon medical help but makes law uncertain
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Other cards in this set
Card 2
Front
What is known as a state of affairs case?
Back
Where D has been convicted even though though did not act voluntarily.
Card 3
Front
Describe a state of affairs case.
Back
Card 4
Front
Which case established that the actus rea must be a voluntary act?
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