Criminal- Actus Reus

Question 0

Omissions

Answer 0

Gibbons and Proctor
The parents owed a duty of care when they they failed to feed or look after the child who died.
Pittwood
When the defendant failed to close a railway crossing gate and someone died he owed a duty through his employment contract.
Stone and Dobinson
The defendant offered to look after a sick relative who died because of their failure to act. A duty of care was created when they voluntarily took responsibility for the victim.
Dytham
A police officer failed to breakup a fight and someone died. Public officers owe a duty of care.
Miller
The defendant set fire to a mattress and did not put it out or get help. He created a dangerous situation and failed to get help for it so he owed a duty of care.

Question 1

Description of actus Reid

Answer 1

Guilty Mind
Physical part of crime
Voluntarily- hill v Baxter, d wasn’t in control so therefore wasn’t liable
Must be a positive act and not an omission unless a duty to act

Question 2

Actus Reus can be admitted through state of affairs crimes

Answer 2

Larsonneur

D being in the UK was the circumstance that made her guilty