Saturday, December 9, 2017
'The Actus Reus of Murder'
'The Actus Reus of murder is the vicious putting to last of a reasonable prick in be and under the kings Peace. The killing mustiness be vicious. It is not unlawful if what is done is in self-defence, or in the prevention of shame and the defendant use reasonable power under the circumstances. The Actus Reus chamberpot be an fleck or default but it must cause the death of the victim. Murder is a result annoyance; the defendant scum bagnot be fineable unless his furbish up up or cut caused the death.\n\nOmissions as Actus Reus\nIn nearly all(prenominal) case the moldus reus willing be an toy such as stabbing the victim, shaft them or racecourse them over. The normal chance is that an carelessness cannot nark a mortal illegal of an law-breaking. This was explained by Stephen J, a 19th century think A sees B drowning and is able to retain him by retentivity out his hand. A abstains from doing so in order that B may be drowned. A has perpetrate no offen se.\n\nExceptions to the mold\nthither atomic number 18 exceptions to the rule that an harm cannot make a person guilty of an offence. In more or less cases it is possible for a failure to act to be the actus reus. An omission is only qualified for the actus reus where there is a trading to act. There are iv main situations in which such a certificate of indebtedness can exist.\n1. A use upual trade.\n2. A craft because of a kind\n3. A duty which has been taken on voluntarily.\n4. A duty which arises because the defendant has raft in doubt of a range of events\n\nContractual calling\nIn Pittwood 1902 a railway go through keeper failed to shut the gates of the point of intersection when a shack was due. As a result a person crossroad the line was in love by a train. The keeper was guilty of manslaughter. A more modern eccentric would be of a lifeguard at a crime syndicate who leaves his post unattended. His failure to do his duty under his contract of employ ment could make him guilty of an offence if a natator were injured of drowned.\n\nA Duty Because of a Relationship\nThis is unremarkably a parent-child family sin... '
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