Intro to criminal law - Actus Reus

Actus reus

physical element of the crime, wrongful act, prohibited act, or omission

must be voluntary

omission

a failure to act - only sufficient when there was a duty to act

5 ways duty to act exists

* contractual duty
* relationship
* voluntarity
* official position
* creation of danger

pitwood

contractual duty case

gibbins and proctor

duty because of relationship case

stone and dobinson

voluntary duty case

dytham

official position duty

miller

creation of danger case

contractual duty

when a person has a duty to perform acts because of their job

duty bc of relationship

usually a parent and child

Act of parliament

can also create liability for an omission - statuory duties