NB: CAUSATION NOT INCLUDED; D - defendant; V - victim.
What is Actus Reus?
- Omission (failure to act/report)
- State of affairs (NB: VERY RARE)
(STARTING POINT FOR EVERY OMISSIONS ESSAY) - The general rule is that an omission cannot make someone guilty of an offence.
USE Stephen J - "the drowning man". <------no legal responsibility, only moral.
In FRANCE, there is a good Samaritan law - duty to assist. (BUT difficult to enforce in the UK - too vague; people then can harm themselves trying to save someone else).
EXCEPTIONS TO THE GENERAL RULE!
A contractual duty: PITWOOD (1902) - railway crossing keeper did not shut the gates - V tried to cross the railway - V dies - D guilty of MANSLAUGHTER.
A duty because of a relationship: GIBBINS AND PROCTOR (1918) - Ds failed…