Actus reus (omissions).

HideShow resource information
  • Created by: Nadya
  • Created on: 25-02-13 21:10

NB: CAUSATION NOT INCLUDED; D - defendant; V - victim.

ACTUS REUS

What is Actus Reus?

  • Act
  • Omission (failure to act/report) 
  • State of affairs (NB: VERY RARE) 

Omissions.

(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

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »