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Criminal Law
General Elements of Criminal Liability
Actus Reus & Omissions
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Cards (9)
Actus
Reus?
guilty act
Hill
v
Baxter
?
For most offences, the AR must be a
voluntary act
General rule for AR?
no liability
for an
omission
(failure to act), unless under a
duty to act.
Pittwood?
Duty
to act under
contract.
Miller
?
Duty to act when you have created a
dangerous
situation.
Stone
& Dobinson?
Duty
to act when you
voluntarily
take
care
of someone.
Dytham?
Duty
to act when you hold a
position
of
public authority
, e.g. police.
Gibbins
and
Proctor
?
Duty
to act when you have a
special relationship
, e.g.
parent
and
child.
Larsonneur
?
For some offences, the AR can be a
state
of
affairs.
In this case, sent back to
England
against her
will
and
arrested
for being an
illegal immigrant
when she
arrived.