General part Flashcards
1
Q
When is there omissions liability
A
Bone v HMA
- is there a duty to act
- have reasonable steps been taken
is there a duty?
- special relationship - bone v HMA
- creation of dangerous situation - MacPhail v Clark
- Assumption of responsibility - R v Instan
2
Q
Attempts test
A
HMA v Camerons - preparation to perpetration
3
Q
Conspiracy
A
Carberry v HMA - agreement to criminal purpose
4
Q
Incitement
A
Baxter v HMA
- serious intention that the crime is committed
- complete when offer is made
5
Q
Art and part liability
A
McKinnon v HMA
- requires participation and common purpose
if goes beyond common purpose it depends on foreseeability
- McKinnon/ HMA v Cameron
