elements of a crime Flashcards
what is the case that shows involuntary actions?
Bratty v Attorney General for Northern Ireland
what 3 scenarios did Hill v Baxter give when d’s actions would be involuntary?
-stung by a swarm of bees whilst driving
-being hit in the head with a stone whilst driving
-having a heart attack when driving
what is the general rule for an omission?
you will not be responsible for not acting unless you have a duty to act
what are the 5 types of duty to act?
-contractual
-relationship
-assuming responsibility
-public office
-creating a dangerous situation
what is the case for contractual duty?
R v Pittwood
what is the case for relationship?
Gibbons and Proctor
what is the case for assuming responsibility?
Stone and Dobinson
what is the case for public office?
R v Dytham
what is the case for creating a dangerous situation?
R v Miller or DPP v Santana Bermudez
what is the case for palpably wrong?
R v Jordan