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10 Cards in this Set
- Front
- Back
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A duty to act may arise through contract.
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R v Pittwood 1902
Railway gatekeeper who left gate open |
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The definition of some offences is restricted to liability for acts. In such cases, an omission is insufficient unless it can be construed as an act
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Fagan v Metropolitan Police Commissioner 1969. Drove onto policemans foot and refused to move.
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A duty to act may arise from a familly relationship.
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R. v Gibbins & Proctor 1918
Father and common law wife failed to feed child who died. |
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A duty to act may arise through the voluntary assumption of care.
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R. v Stone & Dobinson 1977
Woman neglected to death by two simpletons |
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A duty to act may arise from creating a dangerous situation.
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R. v Miller 1983
squatter fell asleep and set fire to matress. Woke up and ignored the fire. |
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A person may be discharged from their duty to act, incurring no liability for an omission thereafter.
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Airedale NHS Trust v Bland 1993
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Conduct need not be voluntary where the actus reus is a state of affairs.
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R. v Larsonneur 1933
Frenchwoman deported from Eire against her will to the UK. Convicted of being an alien found in the UK without leave. |
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The word "unlawful" may be included as part of the actus reus of a crime.
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R. v Williams (Gladstone) 1984
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Causation in fact requires that the conduct be a sine qua non. ("but for" cause) of a result.
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R. v White 1910.
Defendant put cyanide into victims drink. She died of unrelated heart failure. Not murder |
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Causation in Law. The defendant's conduct does not have to be the sole (or main) cause of a result but it must more than minimally contribute to it.
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R. v Pagett 1983
Using a woman as a human sheild who was shot by the police. |
