Elements Of Criminal Liability -AR

Question 1

• Hill V Baxter 1958

Answer 1

Driver suffered a heart attack whilst driving, any actions he took were not voluntary. No actus reps

Question 2

R V quick

Answer 2

D performed physical act but was unaware of what he was doing
D took insulin and had a blackout where he assaulted the victim.

Question 3

R v larsonneur

Answer 3

. State of affairs
D was ordered to leave UK she took about to Irish republic and was sent back to the. She was not acting voluntary she was convicted because:
1. She was an alien who refused to leave land.
2. She was found inthe UK.
It did not matter that she was sent back against her own Will

Question 4

R V pittwood

Answer 4

• contractual duty
• D was employed as a gatekeeper and went for lunch one day leaving the gates open and a man was killed
• convicted of manslaughter based on his failure to carry out his duty of closing the gates which is in his contract.

Question 5

R V Dytham

Answer 5

• a persons public position requires them to act
• D was a policeman who failed to act when he saw a man being kicked to death, he was on duty and in uniform

Question 6

Omission by Act of parliament

Answer 6

• when an act of parliament requires a person to act
• for example Children And Young Persons Act 1933 failure by a person over 16 to provide or obtain adequate food,clothing , medical care for a child under 16 is an offence

Question 7

R V Miller

Answer 7

• a person fails to minimise the harmful consequences of his act
• D was squatting in a house and fell asleep on a mattress whilst smoking a cigarette and woke up to flames rather that putting out the fire he got up and moved to another room
  -convicted of criminal damage as he had a duty to minimise the fire but failed to do so

Question 8

R V Stone And Dobinson

Answer 8

• a person voluntarily takes on a duty
• D’s lived together and were of low intelligence and had personality disorders
  -Stones sister came to live with them. She was anorexic and ill and refused to leave her room for medical treatment. D’s made some effort to care for her but did not call for legal aid and she died
• convicted of manslaughter as they took on the duty of looking after her and failed to do so.

Question 9

R V Gibbins And Proctor

Answer 9

• a duty due to a relationship
  -father of a 7yr old girl and his partner
• isolated her from fathers other children and starved her to death
  -both convicted of modern as they both had a duty to look after and feed the girl