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10 Cards in this Set
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established precedent that there must be coincidence of mens rea and actus reus |
Thabo Meli v R |
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Lord reid establishes that "misapprehension for a time" doesn't remove mens rea |
Thabo Meli v R |
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mens rea can develop during a crime . i.e moment the intention to produdce apprehension was formed |
Fagan v Metropolitan police commissioner |
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actus reus = |
Element of crime, conduct, consequences and circumstances May include failure to act |
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actus reus must be |
voluntary |
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Woodhouse J : If there was no other course open to him , then the act is not voluntary |
R v Larsonneur |
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General rule : |
Law does not criminalise omissions . Exceptions however. |
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Phillimore Lj : Killing child vs Deliberately omitting to do something causing childs death . which case |
R v Lowe |
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R v Lowe establishes rules where omission is crime |
1. special relationship between accused and victim. 2. voluntary assumption of responsibility. 3. creation of a danger 4. duty under contract. 5. statutory duty to act. |
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Duty under contract : Railway worker failed to close level crossing gate. caused death .convicted of manslaughter. |
R v Pittwood |
