LAWS 2302 Lecture Notes - Lecture 4: Laudanum, Epiglottis, Asthma
Document Summary
Note: page references refer to (12th edition/13th edition) Elements of an offence: omissions, v. miller (1983, hl, p. 268/255), per lord diplock. Convicted of arson by a jury after 22 minutes deliberation; appeal to court of appeal dismissed; appeals to hl. Facts: had been staying at a house for a couple of weeks. He went out for a few drinks one night, came home, lay down in bed and lit a cigarette. He fell asleep, and woke up to find the mattress on fire. He had nothing to put the fire out with, so he got up and went to the next room and went back to sleep. Ratio: the term actus reus is misleading, since it suggests that a positive act is necessary for. Continuous act theory (espoused in fagan) instead of focusing on bad latin , focus on the conduct of and his state of mind. 2 theories on which criminal liability could be based: (1) (2)
