LAWS 2302 Lecture Notes - Lecture 3: Actus Reus, Fresh Evidence, Mens Rea
15 Mar 2016
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Belmont went on to live for a couple days: could have lived if he wasn"t given the anti-biotic. Smith died within hours of wound: life threatening wound that was bound by death. Significant break between the chain of both cases. Must demonstrate fresh evidence that will change the outcome of the case. There was no legal duty at the time of the case, although now it would be argued that he had a duty of care. Legal obligation: crown has to establish legal duty. You must have a legal duty to do something, and if you don"t you have an act of omission (parent has legal duty to a child, necessity of life) Knew he had aids, but still donated blood. Thought she was unconscious, turned out she was dead. Section 167(b) everyone who indecently interferes with a dead persons body is indictable for up to 5 years in prison.
