criminal- AR

Question 1

voluntary

Answer 1

. normally has to be voluntary (Hill v Baxter), apart from absolute libability (Winzar v Chief Constable of Kent)

Question 1

4 type of AR

Answer 1

. conduct
. result/consequence based
. state of affairs based
. omissions

Question 2

conduct

Answer 2

. the conduct itself forms the basis of the AR- no need for any consequences

Question 3

result/consequence based

Answer 3

. the consequence forms the AR- ie. murder requires a person to be dead

Question 4

state of affairs based

Answer 4

being in that position fulfils the AR (Winzar v Chief Constable of Kent)

Question 5

omissions

Answer 5

. a failure to act

Question 6

omissions-no general duty to act

Answer 6

. the law attempts to protect people’s free will

Question 7

omissions- ways duties can be imposed

Answer 7

. statute- eg. Road Traffic Act 1988> it’s an offence to not provide a breath sample when required
. special relationship- eg. parents + children- R v Gibbons and Proctor
. assumption of duty- D starts to look after V + V becomes dependent- R v Stone and Dobinson
. contract- D has a contract that means they are required to perform certain acts- R v Pitwood
. an official position- eg. police officer- R v Dytham
. D creates a dangerous situation + does nothing to remedy the situation- R v Miller

Question 8

AR

Answer 8

. the guilty act