Actus Reus

Showing the key Cases involved with Actus reus

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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.
    • 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.
    • 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


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