Sunday 23 February 2014

Actus reus


Basically means guilty act and consists of all the physical aspects of a crime. The act must be done voluntarily on the conscious exercise of will by the defendant. In Hill v Baxter, the court held that a person committing a unlawful act involuntary, whether being attacked by bees or sleepwalking (R v Burgess) will not be liable the consequences. However, the actus reus may be fulfilled through omissions, where a person has failed to act when circumstances require him/her to do so;

- if a person has a duty arising from a contract and fails to fulfill his/her duty as in R v Pitwood, where it was held that "a man may incur criminal liability from a duty arising from contract"

- if a person has a duty arising from a statute and fails to fulfill this duty. Certain acts imposes a duty to a person like the Road Traffic Act 1988 which makes failing to wear a seatbelt a offends.

- if a person assumes responsibility  of a person voluntarily and fails to meet this responsibility. In R v Stone and Dobinson, the defendants where held to assumed a duty of care to the victim and failed to fulfill this duty.

- if a person commits a dangerous act and fails to resolve the act. In R v Miller, it was held that the defendant failed to warn people from the fire he have caused.

- if a person has a special relationship with the victim. In R v Gibbons and Proctor, the parents of the victim were held to be negligent to the victim.

- if a person is in a position of ensuring public safety like in R v Dyntham, where it was held that a police fail to perform his duty of preserving the Queen's peace.

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