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Diagram to Actus Reus

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  • March 2012
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Introduction to AR: Voluntariness

The AR: is a prohibited result, consequence or conduct/omission (failure to act) or a combination. Act by Omissions
Failure to do something.
Divided into statutory provisions and common law offences

Common Law offences:
Types:
oContractual
oRelationship
oPublic Office
oAssumption of Responsibility
oDangerous Situation
Judge:
oWhether the obligation has led to a duty?
Jury:
oOn the facts, there was a duty?

5 Categories:
Contractual
Public OfficeRelationshipAss. of Respon. Dangerous situation Pitwood [1902]: failure to shut the gate before a train was due. Dytham: D was a police officer who was about to go ‘off-duty’, he watched and failed to intervene a man getting kicked out of a nightclub, beaten and kicked to death and left in a gutter. Police officer was convicted of CLO of misconduct in a public officeGibbins & Procter: father failed to feed child. GuiltyStone & Dobinson: Ms Stone would have survived had she received medical assistance. Miller: squatter – (D) had inadvertely and without fault created a dangerous situation.

Take reasonable steps to prevent further damage e.g. call 999/raise the alarm

It is for the courts to decide steps avaliable without putting the (D) at risk. Airedale NHS Trust v Bland: leading case on Dr’s vs. Patients. “Reasonable and competent medical opinion” not in the ‘best interest’ of the patient to continue treatment Smith [1876]: 2 brothers; one brother looking after the other, who is an adult but helpless. There is no duty!R v Nicholls: Held a grandmother who failed to look after her GC, after its mother died.

Smith ’96 spouse v spouse: husband is guilty: b/c failed to call help even though wife said not to. R v Instan aunt v niece. Judgement: that there was a blood relationDPP v Santana-Bermudez: body search, failed to tell the police had needles in pocket.

Failure to fulfil contractual obligations...

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