A Level Law - Criminal Law Test Bank with Questions and 100% Correct Answers

Common Law Law comes from cases heard by judges Made by judges all over the country Statutes Made by parliament Law is put into force and everyone has to follow it Act of Parliament Made by those that the people vote for in the House of Lords and House of Commons Actus Reus Guilty Act Mens Rea Guilty Mind Omission Failure to act when they are required to do so Voluntary nature of Actus Reus Act of defendant must be voluntary Hill v Baxter (1958) Gave examples of when a driver could not said to be doing that act of driving voluntarily E.g=Swarm of bees Involuntary Conduct Assaults s170 Road Traffic Act 1988 Offence for failing to report a road accident Road Traffic Act 1988 Failure to provide a specimen of breath Common law exceptions Where a contractual duty is owed Case of Pitwood 1902 A Railway crosser keeper omitted(failed) to shut the gates on a railway crossing and a person was killed as a result.The keeper was found guilty of manslaughter because he owed a contractual duty Common Law exceptions-Special relationship Duty owed by parents to their children to act