Law 02 Revision

OMISSIONS
In general there is no liability for helplessness to act. The law only makes a person liable for his stroke to act where he has a duty to act.
R v Pittwood (1902)
CONTRACTUAL Defendant was employed as a gatekeeper at a railway crossing. One day he left his post, leaving the gate open which resulted in a fatal accident. Defendant was convicted of manslaughter, based on his failure to concord out his contractual duty to close the gate as the train approached.
R v Stone and Dobinson (1977)
VOLUNTEER Defendants volunteered to font after anorexic sister despite them both having humble levels of intelligence. Sister fell ill and later died because they failed to seek medical exam assistance. Guilty of manslaughter as they had taken on duty of make do by allowing her to live in their home and knowing that she relied on them.
R v Miller (1983)
MINIMISE CONSEQUENCES Defendant caused a fire in a house he was sit in. when he awoke and realised what was happening he failed to take all action to minimise the harmful effects of the fire. Guilty of malefactor damage.
R v Dytham (1979)
PUBLIC POSITION Defendant was a police office, he saw a man being attacked and failed to step in to protect the victim. The victim later died and the suspect was convicted of misconduct in a public office. He had a duty to protect the victim.




There is also liability where an feign of Parliament requires a person to act.
E.g. Road Traffic exploit 1998 it is an offence to fail to provide a specimen of glimmer when required to do so, offence to fail to wear a seatbelt

ACTUS REUS
The voluntary, deliberate act of the defendant
Hill v Baxter (1958)
REFLEX pull through IS NOT FREE WILLED - Defendant was behind the wheel when his railroad car collided with another; at his trial on a tingle of dangerous driving, he claimed he had been overcome by an obscure illness and had been unconscious.
In this case the court gave examples of situations where a driver of a car would not be driving voluntarily, such...If you wishing to get a full essay, order it on our website: Orderessay



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