For a person to be found guilty of a crime it is necessary for the prosecution to prove TWO elements: Actus Reus and Mens Rea
"Actus non facit reum nisi mens sit rea": 'The act itself does not make a man guilty unless his mind is also guilty'
Principle: To commit the actus reus of a crime
The defendant's conduct must be Voluntary
Principle: For state of affairs crimes
The AR does not need to be performed voluntarily, the AR occurs by 'being found' in a certain situation
Good Samaritan Law
Where a citizen is under a legal duty to help in an emergency situation
General rule regarding omissions
You can't commit a crime by failing to do something
Exceptions to the general rule regarding omissions
A duty because of a special relationship
A duty because of a contract
Gibbins and Proctor Principle
D was liable for his omission, he had a duty to care for his daughter and failed to do so
Adomako Principle
D had a duty because of his contract, therefore liable for his omission, D convicted of gross negligence manslaughter
Duty
A duty that has been voluntarily accepted
Stone and Dobinson (1977): 'If you voluntarily accept responsibility for another, you may be imposed with a duty to act regarding that person's welfare'
Duty
Duty because of an official position
Dytham
Police officer watched man be beat to death
Duty
Duty because of a dangerous situation
Miller
D was under duty to remedy dangerous situation he created
S.6 Road Traffic Act 1988 it is an offence to refuse to provide a specimen of breath when asked by a police officer