Omissions

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What is an omission?
A failure to do something
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What is the Actus Reus?
The guilty act / physical element
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What is the Mens rea?
The guilty mind / mental element
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What does "Actus Non Facit Reum Nisi Men Sit Rea" translate to?
The act itself does not make a man guilty unless his mind is also guilty
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What is the principle of Hill V Baxter?
To commit the actus reus of a crime the conduct must be voluntary
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What is the principle in Larsonneur?
For state of affairs crimes, the Actus Reus doesnt need to be preformed voluntarily. The Actus Reus occurs by being found in a certain situation.
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What was Larsonneur charged under?
Aliens act 1920
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What is a Good Samaritan Law?
Where a citizen is under a legal duty to help in an emergency situation
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Where has the Good Samaritan Law?
France and the Netherlands
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Whats the general law regarding omissions?
You cannot commit a crime by failing to do something
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What was the principle in Gibbins and proctor (E1 - Special relationship)
D was convicted of murder because he had a duty of care for his daughter and he failed to do so
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What was the principle in Pittwood? (E2- contract)
D was convicted of gross negligence manslaughter because he has a duty under his contract
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What was the principle in Adomako? (E2 - Contract)
D was convicted of Gross negligence manslaughter, he had a duty of care because of his contract
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What was the case and principle of the exception that a duty had been voluntarily accepted?
Stone and dobinson - Ds convicted of manslaughter, they had voluntarily been accepted a duty to look after V
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What was the principle and case for the exception that a duty because of an official position?
Dytham - D was convicted of neglecting to preform his duty, he had a duty because of his position as a police officer
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What was the principle of Miller (E5 - Dangerous situation)
D was convicted of Arson, he was under a duty to remedy the dangerous situation which he had created
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What was the principle in Evans? (E5 - Dangerous situation)
Court applied Miller principle - Lord Judge CJ "When a person has created a situation which he knows has become life threatening, a consequent duty on him to act by taking reasonable steps to save the other's life will normally arise"
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What does S.1 of the Children and Young persons act 1933 state?
A parent or guardian can be prosecuted for a failure to look after their child
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Other cards in this set

Card 2

Front

What is the Actus Reus?

Back

The guilty act / physical element

Card 3

Front

What is the Mens rea?

Back

Preview of the front of card 3

Card 4

Front

What does "Actus Non Facit Reum Nisi Men Sit Rea" translate to?

Back

Preview of the front of card 4

Card 5

Front

What is the principle of Hill V Baxter?

Back

Preview of the front of card 5
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