Actus Reus
Showing the key Cases involved with Actus reus
- Created by: ameliaacakes
- Created on: 02-08-13 12:02
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- Actus Reus
- Involuntary Acts
- Where the defendants conduct is an act the act must be voluntary.
- Hill and Baxter
- The judge gave an example of an involuntary act.
- Referred to a swarm of bees stinging a car driver making any actions involuntary.
- The judge gave an example of an involuntary act.
- State of Affairs
- Larsonneur 1933
- Defendant deported from the UK to Eire, the Irish police sent her back to the UK where she was arrested for being an alien.
- She was still guilty even though she had not formed any actus reus.
- Defendant deported from the UK to Eire, the Irish police sent her back to the UK where she was arrested for being an alien.
- Larsonneur 1933
- Omissions as Actus Reus
- An omission is a failure to act.
- The general rule is that an omission cannot make a person liable.
- Parliament can create liability
- eg. Failure to report an accident
- eg. Failing to provide a breath specimen
- Common Law
- An omission can only form the actus reus where there is a duty to act.
- Duty through an Official Position
- Dytham 1979
- Voluntary Duty
- Stone and Dobinson 1977
- Contractual Duty
- Pittwood 1902
- Duty because of a relationship
- Gibbins and Proctor 1918
- Duty which arises because the defendant has set in motion a chain of events
- Miller 1983
- Involuntary Acts
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