Actus Reus & Omissions

• 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.