Criminal Liability - Actus Reus - Omissions

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  • Created by: Lily24
  • Created on: 17-09-15 17:13
Hill V Baxter (1958)
Crashed car, tired, charged for reckless driving, Liable for omission - Situations of non liability are - Sneezing, Attacked by a swarm of bees, Hit in the head.
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R V Pittwood (1902)
Left train crossing gate open, man was killed. Point of Law - His contractual duty created criminal liability for omission when defendant failed to act as required
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R V Dytham (1979)
Man kicked to death, policeman watched (off duty). Point of Law - A persons public position created liability for an omission
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R V Miller (1983)
Squatting in a house, started a fire and moved into another room. Point of Law - Failure to minimise harm, caused by a dangerous situation he created - created liability
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R V Stone and Dobinson (1977)
Anorexic sister needed medical help but they didn’t seek assistance – she died. Person takes on responsibility for another, Point of Law - creates criminal liability as they failed to fulfill their duty
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Children and Young Persons Act 1933
Failure to look after a child creates an omission (Failure to act)
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Other cards in this set

Card 2

Front

Left train crossing gate open, man was killed. Point of Law - His contractual duty created criminal liability for omission when defendant failed to act as required

Back

R V Pittwood (1902)

Card 3

Front

Man kicked to death, policeman watched (off duty). Point of Law - A persons public position created liability for an omission

Back

Preview of the back of card 3

Card 4

Front

Squatting in a house, started a fire and moved into another room. Point of Law - Failure to minimise harm, caused by a dangerous situation he created - created liability

Back

Preview of the back of card 4

Card 5

Front

Anorexic sister needed medical help but they didn’t seek assistance – she died. Person takes on responsibility for another, Point of Law - creates criminal liability as they failed to fulfill their duty

Back

Preview of the back of card 5
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