Actus Reus + Omissions

Question 1

What is Actus Reus?

Answer 1

Positive voluntary act which involves 3 parts: result crimes (causes the result), conduct crimes (e.g. perjury) and state of affairs crime (e.g. possession of offensive weapon.)

Question 2

What are examples of cases that involve AR?

Answer 2

Hill V Baxtor ( bees, driver asleep. involuntary act)
Larsonneur ( being an alien)
It must be a positive voluntary act not a reflex action.

Question 3

What is an omission?

Answer 3

Failure to act cannot be AR unless have a duty to act.

Question 4

What are the different duties to act for omission?

Answer 4

• duty through contract (Pittwood ( station train gate))
• duty through assuming relationship (Stone + Dobinson ( sister died))
• duty through creation dangerous situation (Miller (homeless matress fire))
• duty through relationship (Gibbins and Proctor (daughter not fed))
• duty through official position (Dytham (police))
• duty through statue (e.g. not give breath specimen)