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What is an the 'actus reus'?
It translates to 'the guily act' meaning the act that makes the crime
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What is the case (and ratio) that uses a hypothetical swarm of bees?
R v Hill and Baxter: "an act or omission but voluntary"
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What is the general rule about actus reus?
That there must be a physical/positive act an not a failure to do something as there is no good samaritan rule in the UK
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What are the 6 exception to this general rule?
1) Creating a dangerous situation and failing to rectify it 2) Parental duty 3) Voluntary assumption of responsibilty 4) Contractual duty 5) Duty from an official position 6) Act of Parliament
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What is the case and ratio for the exception 'creating a dangerous situation'?
R v Miller: "the defendent created a fire (the dangerous situation) and failed to put it out therefore his omission to act because the actus reus"
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What is the case and ratio for the exception of 'parental duty'?
R v Gibbons and Proctor: "the defendents had a parental duty to feed their baby and their omission to do so became the actus reus"
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What is the case and ratio for the exception of 'voluntary assumption of responsibility'?
R v Stone and Dobinson: "the defendents had a voluntary assumption of responsibility as carers and their omission to find suitable care for their victim became the actus reus"
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What is the case and ratio for the exception of 'contractual duty'?
R v Pittwood: "the defendent had a contractual duty that required him to close the gate to the tain tracks, his omission to do so became the actus reus"
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What is the case and ratio for the exception of 'duty through an official position'?
R v Dytham: "the defendent had a duty arising from an official position and his failure to act when he saw a fight was an omission that became the actus reus"
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What is an example of an Act of Parliament that is an exception to the general rule of actus reus?
Section 6 of the Road Traffic Act 1988 where failing to provide a sample of breath or urine is an omission that becomes the actus reus
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Other cards in this set

Card 2

Front

What is the case (and ratio) that uses a hypothetical swarm of bees?

Back

R v Hill and Baxter: "an act or omission but voluntary"

Card 3

Front

What is the general rule about actus reus?

Back

Preview of the front of card 3

Card 4

Front

What are the 6 exception to this general rule?

Back

Preview of the front of card 4

Card 5

Front

What is the case and ratio for the exception 'creating a dangerous situation'?

Back

Preview of the front of card 5
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