Duties to act

• Ordinarily an omission, failure to act, doesn't satisfy actus reus, what is the exceptions to this?

  The exception is:

  1. When the defendant is under a legal duty to act and fails to do so.
  2. This omission can form the actus reus of offence even when there's no reference in the definition of the crime to any failure to act.
• What are the six duties to act recognised under common law?

  The six different duties to act are:

  1. Contractual duty
  2. Duty because of relationship
  3. Assumed duty through acceptance of care
  4. A duty which arises from a chain of events caused by the defendant
  5. A duty through one's official position
  6. Statutory duty
• Why would an individual have a contractual duty?

  A person's contract of employment may specify that:

  • particular duties have to be undertaken
  • to a particular standard
  • if the defendant fails to meet this duty actus reus may be formed
  • as seen in R v Pittwood
• Why may an individual have a duty due to relationship?

  This duty is often, but not limited to:

  • a parent-child relationship
  • as seen in R v Gibbins and Proctor
• When may an individual have an assumed duty through acceptance of care?

  An individual has an assumed duty through acceptance of care when:

  • one party assumes care and responsibility for another who is dependant upon them
  • voluntarily or due to the circumstances of living
  • which can lead to the imposition of a duty to act
  • as seen in R v Gibbins and Proctor
• When may an individual have a duty to act as a result of a chain of events they caused?

  When they fail to prevent harm or damage occurring as a result of their actions, as seen in R v Evans.
• When may an individual have a duty to act as a result of their official position?

  Some official positions come with a duty to act:

  • such as police officers
  • failure to act can become the actus reus of a crime
  • as seen in R v Dytham
• When does a statutory duty to act exist?

  An Act of Parliament can create liability for an omission. For example, failure to co-operate with a preliminary roadside breath test.