omissions

Question 1

the act or omission must be voluntary on the part of the d…

Answer 1

…if they have no control over their actions they cannot have committed the actus reus

Question 2

in-voluntary omission case

Answer 2

Hill V Baxter (1958)

Question 3

Hill V Baxter (1958)

Answer 3

• If D drives dangerously, but it is because their car is attacked by bees, or someone has thrown a brick at the car, or they have a heart attack at the wheel, their actions are involuntary and they would not be charged

Question 4

exception, state of affairs cases

Answer 4

this is where a d is convicted even where they have not acted voluntarily

Question 5

state of affairs case

Answer 5

Larsonneur (1933)

Question 6

Larsonneur (1933)

Answer 6

• Larsonneur, a french national, landed in england with a french passport endorsed in such a way, which prevented her from working in the uk,
• she had to leave england so went to EIRE, but from there she was deported back to England by the Irish police,
• she was found guilty of being in the UK, contrary to the Aliens Act 1920,

Question 7

state of affairs case

Answer 7

Winzar (1983)

Question 8

Winzar (1983)

Answer 8

• D was drunk and had fallen over - he was taken to hospital
• nurses put him on a trolley and pushed him outside the hospital to get some fresh air and sober up
• police came along and arrested D for being drunk in a public place - it did not matter that it was not his choice to be there

Question 9

omitting to do something

Answer 9

• normally, would mean there not guilty of the offence
• there are exceptions which would make the person guilty;
• duty to act