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Old 11th Sep 2014, 23:54
  #1157 (permalink)  
Frank Arouet
 
Join Date: Feb 2009
Location: dans un cercle dont le centre est eveywhere et circumfernce n'est nulle part
Posts: 2,606
actus reus

Interesting handle. May have relevance in precedent to our own regulators who appear to have left the gate open;




Pittwood R v Wright J:
[Murder the actus reus of - omissions- duty under a contract]
D was a level crossing keeper who negligently left open the crossing gate. This led to the death of a carter whose cart was struck by a train.

Held: D had a duty (arising from his contract of employment) to shut the gate, and although this duty was owed to his employers rather than to the public at large, it was enough that his negligent failure to act could lead to conviction.

Guilty of manslaughter
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