Actus Reus Flashcards
what is meant by actus reus
guilty act, physical element of a crime
example of acts reus
stabbing, shooting
what must your actions be to be found guilty
voluntary
involuntary act
an act which is done by the muscles without the control of the mind
examples of involuntary act
hill v baxter
1) being stung by a swarm of bees whilst driving and loosing control
2) being hit on the head by a stone whilst driving and losing control
3) having a heart attack or epileptic fit whilst driving and losing control
what is meant by omission
not acting or failing to act
general rule of omissions
you are not responsible for a failure to act
exception to omission rule
a person is only liable for an omission if they have a duty act and they fail to do so
5 duties - omission
1) contractual
2) relationship
3) assuming responsibility voluntarily
4) public office
5) creating a dangerous situation
case names of 5 duties
1) contractual- pittwood
2) relationship- R V Gibbons and Proctor
3) assuming responsibility voluntarily- Stone and Robinson
4) public office- Dytham
5) creating a dangerous situation- Miller, DPPV Santana-bermadez
pittwood case facts
D worked for a railway, a man was killed on a railway when D did not close the gate.
Gibbins and Proctor case facts
father an d his partner killed his child by starving her
stone and Robinson case facts
D and his girlfriend chose to c are for his elderly sister - the sister dies of neglect
dytham case facts
a police officer watched a fight break out and a man died
miller case facts
man dropped a lit cigarette and started a fire he woke up and simply moved to another room, the house burned down
