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Summary University Criminal Law Lecture notes condensed

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This document contains an easy to understand structure on Criminal Law. The information compiled into this document has been created from 1st year Law with Criminology LLB University Lectures. All the information needed to get Hugh grades in Criminal Law exams can be accessed in this document and c...

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  • January 9, 2023
  • 48
  • 2021/2022
  • Summary

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CRIMINAL LAW NOTES

Actus Reus – omissions:


 “Unlawfully causing the death of a human being under the Queen’s
Peace”
 Exceptions
o Bigamy (conduct crime)
o Murder (result crime)
 Law distinguish between act and omission
o General rule – no liability omission to act. Conduct offences
require positive act by D establish liability. “No duty of easy
rescue”. Fitzjames Stephen, Digest of Criminal Law (1887).
o Airedale NHS Trust v Bland (1993)
o Exceptions – omissions liability
 No criminal liability got omission to act. Liability
imposed D, D legal duty act and fails.
 Law imposes duty on individual to act. Duty D act – fails
– guilty criminal offence by omission.
 Special relationship
o Closer relationship, more likely impose duty
individual to act
o Parent and child. Married couple. Doctor
and patient
o Gibbins v Proctor (1918)
 Voluntary assumption of responsibility
o D care helpless/inform relative, omission do
so resulting in death. D guilty
murder/manslaughter. Care for another
result express/implied act.
o Stone & Dobinson (1977)
o Nicholls (1974)

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