Actus Reus

Cards (11)

  • Actus Reus is the guilty act, and a physical element of a crime.
  • The actus reus must be a positive, voluntary act.
  • An omission is a failure to act.
  • There are 6 exceptions to the rule:
    1. Duty arising from an Act of Parliament
    2. Contractual Duty
    3. Voluntary assumption of responsibility
    4. Public Duty
    5. Duty through relationship
    6. Creating a dangerous situation
  • Duty arising through statute is when an Act of Parliament says you have to act.
  • Contractual duty is when a contract is making you act.
    R v Pittwood
  • Voluntary assumption of responsibility is when someone has chosen to take responsibility.
    R v Stone and Dobinson
  • Public Duty is when you have an official position to act.
    R v Dytham
  • Duty through relationship is usually via a parent and child.
    R v Gibbons and Proctor
  • Creating a dangerous situation is setting in motion a chain of events that create danger.
    R v Miller
  • State of Affairs is wrong place, wrong time.
    Winzar.