Essay
BTEC Law Unit 4 P1
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Essay of 10 pages for the course A Level Applied Law BTEC Unit 4 at CC (Pass task)
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Holly Lawton A2 Law Unit 4Unit 4 P1, M1
The Actus Reus of murder is the unlawful killing of a reasonable creature in being
and under the Queen’s Peace. The killing must be unlawful. It is not unlawful if
what is done is in self-defence, or in the prevention of crime and the defendant
used reasonable force under the circumstances. The Actus Reus can be an act or
omission but it must cause the death of the victim. Murder is a result crime; the
defendant cannot be guilty unless his act or omission caused the death.
Omissions as Actus Reus
In nearly every case the actus reus will be an act such as stabbing the victim,
shooting them or running them over. The normal rule is that an omission cannot
make a person guilty of an offence. This was explained by Stephen J, a
nineteenth century judge “A sees B drowning and is able to save him by holding
out his hand. A abstains from doing so in order that B may be drowned. A has
committed no offence.”
Exceptions to the rule – There are exceptions to the rule that an omission cannot
make a person guilty of an offence. In some cases it is possible for a failure to act
to be the actus reus. An omission is only sufficient for the actus reus where there
is a duty to act. There are four main situations in which such a duty can exist.
1. A contractual duty.
2. A duty because of a relationship
3. A duty which has been taken on voluntarily.
4. A duty which arises because the defendant has set in motion of a chain of
events
Contractual duty – In Pittwood 1902 a railway crossing keeper failed to shut the
gates of the crossing when a train was due. As a result a person crossing the line
was struck by a train. The keeper was guilty of manslaughter. A more modern
example would be of a lifeguard at a pool who leaves his post unattended. His
failure to do his duty under his contract of employment could make him guilty of
an offence if a swimmer were injured of drowned.
A duty because of a relationship – This is usually a parent-child relationship since
a parent has a duty to care for young children. A duty can also exist the opposite
way round, where a grown-up child is caring for their elderly parent. A case
example involving a parent-child duty is Gibbons and Proctor 1918.
A duty which has been taken on voluntarily – In Gibbons and Proctor the partner
had voluntarily undertaken to look after the girl. She therefore had a duty
towards the child. When she failed to feed the child she was guilty of murder
because of that omission. Another example of where a duty had been
undertaken voluntarily is Stone and Dobinson 1977.
A duty which arises because the defendant has set in motion a chain of events –
This concept of owing a duty and being liable through omission was created in
the case of Miller 1983, where a squatter had accidentally started a fire. In this
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