Actus Reus Principals
- Created by: ryan.farrand
- Created on: 12-05-18 18:59
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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
- Contractual duty
- Must be a VOLUNTARY ACTION
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