AR and omissions

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Created by
safah

Cards (5)

  • The LP in R v Stone and Dobinson is failure to act (omission) despite having a voluntary duty to do so.
  • The LP in R v Miller is failing to act after realising he created a dangerous situation (and did not try to correct it).
  • The LP in R v Dytham is willfully or without reasonable excuse, neglected to perform his duty.
  • The 5 exceptions to omissions are ...
    1. Contractual duty to act.
    2. Duty to act which has been taken voluntarily.
    3. Creating a dangerous situation and not taking actions to correct it. 4. a duty to act due to public position .
    5. duty to act due to a special relationship (eg parent and child).
  • 2 examples of state of affairs crimes are R v Larsonneur and Winzar v CCK. Being found in the particular circumstances, no matter how they got there counts as a state of affairs crime.