R v Pittwood (1902)

Facts:

  • D was employed by a railway company to operate the gate at a level crossing. He failed to put it back down before his break and during this time a horse and cart driver were killed by a passing train.

Held:
  • As D had been under a contractual duty to close the gate, his omission to perform this obligation was capable of constituting the actus reus for murder. The duty had been breached with gross and criminal negligence.

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