Actua Reus/Omissions Flashcards
What does Actus Reus mean ?
Guilty act
What does mens rea mean
Guilty mind
What should the standard of proof be?
It should be beyond reasonable doubt.
Who is the burden of proof up to
The burden of proof is on the prosecution
The actus reus of a crime is …
The voluntary, deliberate act of the defendant
What is an omission
A failure to act
What is the normal rule
An omission cannot make a person guilty of an offence
An omission does not satisfy the actus reus
There are a number of duties that can arise. What are they?
Duty arising out of a contract
Duty arising out of a special relationship
Duty arising from the assumption of care
Duty arising through ones official position
Duty arising from the creation of a dangerous situation
Duty arising from an act of parliament
What is the case on a duty arising out of a contract
Pittwood 1902
What’s the principle for Pittwood
D owed a duty through a contract
What’s the case for duty arising out of a special relationship
Gibbons and proctor 1918
Principle for Gibbons and Proctor
Ds owed a duty through their special relationship
Stone and Dobinson 1977
Ds owed a duty to act through an assumption of care
Dytham 1979
D owed a duty to act through his official position
Miller 1983
D owed a duty through the creation of a dangerous situation
