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Words: | Submitted: Thu Jul 11 2002
... the "thin skull rule". In another case a Jehovah Witness refused a blood transfusion after being stabbed, she later died, the person who stabbed her was still convicted with manslaughter because his actions led to her death and she would have died even if had not gone to hospital. The failure to act is known as omission; the principle of this is that failure to act is not liable except if it is someone's contractual responsibility to act. For example if you see someone drowning, failing to rescue them will not result in you being liable, however, if you are a lifeguard it is your contractual responsibility to act and save them. A state of affairs is being in a particular state or place, which makes you automatically liable for the offence. For example being drunk on a public highway makes you automatically liable for the offence. Mens Rea is ...
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