General Elements of liability

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  • Created by: Anne 1974
  • Created on: 12-01-19 15:59
Explain the term Actus Reus
the guilty act
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Explain the term Mens Rea
the guilty mind
2 of 9
Explain with examples from case law how someone can be guilty of an offence based on omission
xamples of an omission in law… Failing to act when you are in an official position to do so, such as a police officer (see R v Dytham [1979]).
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Explain with examples from case law how someone can be guilty of an offence based on omission
Failing to act when you have set off a chain of events, such as an accidental fire but doing nothing to limit its damage such as calling for help, trying to put it out, alerting others (see R v Miller [1983]).
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Discuss the importance of R v White (1910).
R v White established the ‘but for rule’, where it must be established that the defendant was the factual cause of the victim’s death. In this case, the defendant poisoned his mother with cyanide but her cause of death was from an unrelated fatal hea
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Explain with examples from case law how someone can be guilty of an offence based on omission
Failing to act when you have taken a duty on voluntarily, such as a sister who chose to care for her seriously ill sister and then neglected her (see Stone v Dobinson [1977]).
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Explain with examples from case law how someone can be guilty of an offence based on omission
ailing to act when you have a duty arising from a contract, such as a railway employee who leaves the railway crossing gate open as he goes for lunch and a pedestrian is killed by an oncoming train (see R v Pittwood [1902]).
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the guilty act
Actus reus
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the guilty mind
Mens rea
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Other cards in this set

Card 2

Front

Explain the term Mens Rea

Back

the guilty mind

Card 3

Front

Explain with examples from case law how someone can be guilty of an offence based on omission

Back

Preview of the front of card 3

Card 4

Front

Explain with examples from case law how someone can be guilty of an offence based on omission

Back

Preview of the front of card 4

Card 5

Front

Discuss the importance of R v White (1910).

Back

Preview of the front of card 5
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