An Omission is a failure to act
Actus Reus generally cannot be committed by an omission, but there are some exceptions.
If a person under a duty to act, fails to do so, their omission can form the Actus Reus.
The 5 circumstances:
- D had a special relationship with V. -Gibbins & Proctor (1918); father gave GF money to buy food for his daughter who they kept locked in a cupboard, GF spent the money on herself and the daughter died of neglect. The father failed to care for his daughter and so his omission formed the AR.
- D voluntarily took on a duty to act. - Stone & Dobinson (1977); a couple who had learning difficuilties invited their sister who had an eating disorder to live with them, V became ill and unable to care for herself, although the couple occasionally tried to care for her V died. 'Occaisonally' caring for her resulted in them voluntarily taking on a duty to care for her.
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