Actus Reus Principals

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  • Actus Reus
    • Must be a VOLUNTARY ACTION
      • VOLUNTARY = Purposeful or diliberate
      • Case: Hill v Baxer 1958
        • judge gave examples of when a D would be regarded as driving involuntarily
      • EXCEPTION = State of Affairs
        • The AR will be fulfilled even though the action is involuntary
        • Case: Winzar v Chief Constable of Kent 1983
          • an example of state of affairs, the D committed the offence by being in that place at that time even though being put there involuntarily
    • Must be a POSITIVE ACTION
      • generally it must be proven that the D committed the AR via positive act rather than a failure to act (an omission)
      • EXCEPTION!
        • !. if an act of parliament can create an offence that can be committed through a failure to act
        • 2. If the D is under a duty to act
          • Contractual duty
            • R v Pittwood
          • Duty through relationship
            • Gibbons and Proctor 1988
          • Voluntary duty
            • Stone and Dobinson 1977
          • Statutory duty
            • R v Dytham 1979
          • Duty arose from the D setting in motion a chain of events
            • Miller 1983

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