Intro to criminal law - Actus Reus
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11 Terms
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Actus reus
physical element of the crime, wrongful act, prohibited act, or omission
must be voluntary
must be voluntary
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omission
a failure to act - only sufficient when there was a duty to act
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5 ways duty to act exists
* contractual duty
* relationship
* voluntarity
* official position
* creation of danger
* relationship
* voluntarity
* official position
* creation of danger
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pitwood
contractual duty case
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gibbins and proctor
duty because of relationship case
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stone and dobinson
voluntary duty case
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dytham
official position duty
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miller
creation of danger case
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contractual duty
when a person has a duty to perform acts because of their job
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duty bc of relationship
usually a parent and child
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Act of parliament
can also create liability for an omission - statuory duties