latin for guilty act.
it must be a voluntary act, if it is not voluntary then you have a defence of automatism. lord denning said in hill v baxter, that whilst driving if you were hit by a stone, attacked by a swarm of bees, or had a heart attack then you would have a defence of automatism.
the only way you can be guilty but acting involuntary is if it is a state of affairs offence, as in r v winzar when a drunken man was taken from the hospital to the streets by the police in order to be arrested.
an involuntary action is described in bratty v ag as an action done without control of the mind such as a spasm, reflex or convulsion.
failure to act, cant usually be quilty as there is no 'Good Samaritan law' in england
statutory law duty - created by parliament in a statute- eg- stopping at the scene of a crime under the road traffic act.
common law duties are created by judges in the court, and there are a few exeptions:
contractual duty - r v pittwood - gatekeeper - failure to carry out contractual duty
voluntary acceptance of a duty - in stone v dobinson - failing to take resonable steps to take care
failure to carry out an official, public duty - dytham- wilfully and without reason failing to perform.
failure to remedy dangerous situation created by D -r v miller
latin for guilty mind
intention (most blameworthy) -
direct- where d desires consequence & sets about it - RvMohan 'a decision by d to bring about the consequences'
oblique- d says purpose is different to the result, direction given - RvWoolin 'is death or serious injury a virtual certainty, if yes, this is evidence of intent'
recklessness- where d takes an unjustified risk, or is aware they are taking a risk- subjective test- did d see the risk and take it? used in RvCunningham -gas, restored in RvG&R.