actus reus- omissions

Question 1

Hill v Baxter facts

Answer 1

D claimed he was suffering from a mysterious illness but had no proof.
Tried to claim that his actions weren’t voluntary due to illness.

Question 2

Hill v Baxter principle

Answer 2

to commit the actus reus of a crime, the defendants conduct must be voluntary (must be in control of actions)

Question 3

exception to non voluntary actions

Answer 3

state of affair crimes (to do with country and government)

Question 4

Larsonneur facts

Answer 4

D (french woman) was deported from england to ireland
irish authorities sent her back
when she arrived she was charged with being an ‘illegal alien’
argued actions were not voluntary

Question 5

Larsonneur principle

Answer 5

for state of affairs crimes, the actus reus doesn’t need to be performed voluntary.
the actus reus occurs by ‘being found’ in a certain situation

Question 6

the general rule regarding omissions

Answer 6

is that you can’t commit a crime by failing to do something

Question 7

good samaritan law

Answer 7

(not uk, france and netherlands)
where a citizen is under a legal duty to help in an emergency situation

Question 8

exceptions from case law

Answer 8

a duty because of a dangerous situation
a duty because of a special relationship
a duty because of a contract
a duty because of an official position
a duty that has been voluntarily accepted

Question 9

Gibbins and Proctor
-facts
-principle
-what exception?

Answer 9

D&gf neglected his 7yo daughter;
locked her in room, failed to feed her and she starved to death. Believed she was possessed (religious)

liable for his omission - had duty of care for his daughter and failed that

a duty because of special relationship

Question 10

Adomako
-facts
-principle
-what exception?

Answer 10

D was an anaesthetist in charge of a patient during a routine eye operation. During this, oxygen became disconnected and patient died. A competent doctor would have noticed within 15secs, took D 6mins.

had a duty due to contract
therefore liable for omission

Question 11

Miller
-facts
-principle
-what exception?

Answer 11

D fell asleep smoking a cigarette and woke up to mind mattress on fire. moved to another room and went back to sleep, didn’t do anything to remedy fire.

convicted of arson
under a duty to remedy the dangerous situation that he’d created

Question 12

statutory duty to act example

Answer 12

S6 Road Traffic Act 1998

Question 13

S6 Road Traffic Act 1998

Answer 13

offence to fail to give a specimen of breath when asked to do so by a police officer

Question 14

Stone and Dobinson principle

Answer 14

liable if you volunteer a duty but fail to do it