AR: Voluntary acts and omissions Flashcards
What is a voluntary act in Actus reus?
An act done by choice or control of the defendant. The act must be willed and conscious
Why must Actus Reus be voluntary?
A defendant cannot be held criminally liable if their act was not freely chosen or was coerced
Which case highlights the need for a voluntary act?
Hill v Baxter - The court gave examples, like being swarmed by bees in your car, where actions might not be voluntary.
What is an Omission in Actus reus?
A failure to act where there is a legal duty to do so. Generally, omissions do not lead to liability unless a duty exists.
What is a duty arising from a relationship.
A duty to act due to a special relationship, like parent to child.
Case: R v Gibbins and Proctor (1918) – A father and his partner were guilty of murder for failing to feed the child.
what is a duty arising from a contract?
A legal duty based on a contractual duty.
Case: R v Pittwood (1902) – A railway worker was guilty of manslaughter for failing to close a gate.
What is a duty taken on voluntarily?
When a person assumes responsibility for another.
Case: R v Stone and Dobinson (1977) – A couple convicted of manslaughter for failing to care for a relative.
What is a duty arising from creating a dangerous situation?
When someone creates a danger and then fails to mitigate it.
Case: R v Miller (1983) – A squatter failed to extinguish a fire he accidentally started
