03. Actus Reus (Causation - Omission)

Question 1

What are the 5 Stages the prosecution need to prove to secure a conviction based upon failure to act?

Answer 1

1. The accused was under a legal duty to act,
2. The accused breached that duty,
3. The breach caused the Actus Reus of the offence to occur,
4. The accused had the requisite Mens Rea(if required for the offence)
5. The crime is one capable of being committed by an omission.

Question 2

What is the general rule of Omissions and which case gives us that rule?

Answer 2

There is no general duty to act to prevent harm. R v Smith “Omission, without a duty, will not create an indictable offence.”

Question 3

Name the broad circumstances where the court will find a duty to act exists:

Answer 3

Statutory duty; Special relationship; Contractual duty; Voluntary assumption of duty; Creation of dangerous situation; Public office holders; Control over 3rd Parties.