actus reus

• introduction

  • needed for criminal liability
  • has 3 elements = mere conduct, result or consequence and circumstances/state of affairs
  • state of affairs can be declared wrong e.g r v larsonneur
  • can be done my omissions
• omissions (comment on whether it is fair for each)

  • must be a duty to act
  • contractual duty e.g r v pittwood
  • statute e.g road traffic act and breath specimen
  • imposed by law e.g judges and duty to act
  • police officers and public office e.g r v dytham
  • special relationship between parties e.g r v instan
  • D voluntarily accepted responsibility for another e.g r v stone and dobinson
  • fails to put dangerous situation right if it was created by them e.g r v miller
• evaluation

  • can duty be relinquished once undertaken e.g r v smith where wife who once allowed her husband to call the doctor, it was too late
  • may release a carer from their duty of care if victim is rational
  • further guidelines in airedale nhs v bland
  • no absolute rule that a patients life has to be prolonged
  • respect given to patients wishes
  • treatment provided if patient cant consent
  • no obligation to provide futile treatments
• reform

  • labour published a draft offences against the person bill in 1998
  • proposed to create an offence of assault by omission
  • confirmed miller principle
  • never brought in