Actus reus Flashcards
Is the AR voluntary?
AR must (almost) always be voluntary
Case for Voluntary AR
Hill v Baxter
is the AR an action
AR are usually an action
• sometimes a conduct alone is an AR such as theft
• some offences require a specific consequence such as murder
is the AR a failure to act
Omissions (failure to act) do not usually count
is there a duty to act in AR
omissions can be an AR is there is a duty to act
case for duty to act due to statue
Children and young persons act 1933
case for duty to act due to relationship
R v Gibbons and proctor
case for duty to act due to starting a chain of events
R v Miller
case for duty to act due to voluntary duty
R v Stone and Dobinson
case for duty of care due to Contractual Duty
R v Pittwood
case for duty to act due to public/ official position
R v Dythyam