Actus Reus

Question 1

An actus reus of a crime can be committed in 3 ways :

Answer 1

1. An act
2. A failure to act (omission)
3. A state of affairs

Question 2

What is an act

Answer 2

A positive voluntary act : stab, strangle, shoot

Question 3

What is an omission

Answer 3

A failure to act

Question 4

In England & Wales the law only makes a person liable where he has a legal duty to act, this can only arise in 2 ways :

Answer 4

1. A statutory duty
2. A duty imposed my common law

Question 5

Common law duties involve :

Answer 5

1. A duty to act voluntarily
2. A duty to act through contractural employment
3. A duty to act due to D’s public position
4. A duty because of a special relationship
5. A duty where D has created a dangerous situation

Question 6

What is involuntariness/ state of affairs

Answer 6

A state of affairs is where the D has found themselves in circumstances they did not choose to be in, but which are illegal