AR

Cards (15)

  • What can an actus reus be?
    An act, omission or state of affairs
  • What does the actus reus relate to?
    What the defendant is doing
  • What is an omission?
    What the defendant omits doing
  • What is a state of affairs?
    Where the defendant is simply 'being' rather than 'doing'
  • What is the general rule on omissions in English Law?
    An omission does not amount to an actus reus
  • What are the six duties (exceptions) to the general rule on omissions?
    Statutory duty, contractual duty, because of a relationship, a duty voluntarily undertaken, public office, as a result of a dangerous situation created by the defendant
  • What is a legal authority for a statutory duty?
    Road Traffic Act 1988
  • What is a case for a contractual duty?
    Pittwood
  • What is a case for a duty because of a relationship?
    Gibbons and Proctor
  • What is a case for a duty voluntarily undertaken?
    Stone and Dobinson
  • What is a case for a duty because of a public office?
    Dytham
  • What is a case for a duty because of a dangerous situation created by the defendant?
    Miller
  • What is an example of a state of affairs offence?
    Possessing illegal drugs
  • What must the actus reus be?
    Voluntary
  • What case tells is the actus reus must be voluntary?
    Mitchell