Showing posts with label Actus reus. Show all posts
Showing posts with label Actus reus. Show all posts
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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