Actus Reus

• 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.