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10 Cards in this Set

  • Front
  • Back
A duty to act may arise through contract.
R v Pittwood 1902
Railway gatekeeper who left gate open
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
Fagan v Metropolitan Police Commissioner 1969. Drove onto policemans foot and refused to move.
A duty to act may arise from a familly relationship.
R. v Gibbins & Proctor 1918
Father and common law wife failed to feed child who died.
A duty to act may arise through the voluntary assumption of care.
R. v Stone & Dobinson 1977
Woman neglected to death by two simpletons
A duty to act may arise from creating a dangerous situation.
R. v Miller 1983
squatter fell asleep and set fire to matress. Woke up and ignored the fire.
A person may be discharged from their duty to act, incurring no liability for an omission thereafter.
Airedale NHS Trust v Bland 1993
Conduct need not be voluntary where the actus reus is a state of affairs.
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.
The word "unlawful" may be included as part of the actus reus of a crime.
R. v Williams (Gladstone) 1984
Causation in fact requires that the conduct be a sine qua non. ("but for" cause) of a result.
R. v White 1910.
Defendant put cyanide into victims drink. She died of unrelated heart failure. Not murder
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.
R. v Pagett 1983
Using a woman as a human sheild who was shot by the police.