3. ACTUS REUS
GENERAL PRINCIPLE – AR MUST BE A
POSITIVE ACT, NOT A FAILURE TO ACT
(OMISSION)
“A sees B drowning and is able to save
him by holding out his hand. A abstains
from doing so in order that B may be
drowned, and B is drowned. A has
committed no offence” Stephen, 1887
4. HOWEVER……THERE ARE
EXCEPTIONS!!!
1.STATUTORY 4.AVERT A DANGER
DUTY OF YOUR OWN
MAKING
2.CONTRACTUAL
DUTY 5.PUBLIC DUTY
3.VOLUNTARY
ASSUMPTION OF 6.SPECIAL
RESPONSIBILTY RELATIONSHIP
5. STATUTORY DUTY
IMPOSED BY AN ACT OF PARLIAMENT
s6 ROAD TRAFFIC ACT 1988 – FAILING TO
PROVIDE A SPECIMEN OF BREATH/
URINE
s170 ROAD TRAFFIC ACT 1988 – FAILING
TO STOP AT/REPORT AN ACCIDENT
s1 CHILDREN AND YOUNG PERSONS ACT
1933 – WILFUL NEGLECT OF A CHILD
7. PUBLIC DUTY (OFFICIAL POSITION)
R v. DYTHAM (1979)
CONVICTED OF MISCONDUCT IN A
PUBLIC OFFICE
8. AVERT A DANGER OF YOUR OWN
MAKING (CONTINUING ACT)
R v. MILLER (1983)
CONVICTED OF CRIMINAL
DAMAGE
9. AVERT A DANGER OF YOUR OWN
MAKING (CONTINUING ACT)
DPP v. SANTANA-BERMUDEZ (2003)
ORIGINALLY THOUGHT THAT AN OMISSION
COULD NOT AMOUNT TO ASSAULT OR
BATTERY
ON PROSECUTOR’S APPEAL, HELD THAT AN
OMISSION CAN CONSTITUTE AN ASSAULT OR
BATTERY
10. VOLUNTARY ASSUMPTION OF
RESPONSIBILITY
R v. STONE AND DOBINSON
(1977)
CONVICTED OF MANSLAUGHTER
12. POSSIBLE CONFUSIONS?
CONTRACTUAL v. PUBLIC DUTY
VOLUNTARY ASSUMPTION v. SPECIAL RELATIONSHIP
R v. SMITH (1979) – DUTY OF CARE BETWEEN
HUSBAND AND WIFE
GIBBINS AND PROCTOR – DUTY TO CHILD BY ITS
PARENTS IS “SELF EVIDENT”
R v. SHEPHERD (1862) – NO DUTY OWED BY MOTHER
TO 18 YEAR OLD DAUGHTER
R v. CHATTAWAY (1922) – DUTY OWED BY PARENTS TO
25 YEAR OLD DAUGHTER WHO WAS COMPLETELY
HELPLESS
13. MEDICAL ISSUES
AIREDALE NHS TRUST v. BLAND (1993)
NOT PROVIDING TREATMENT v. POSITIVELY
KILLING – PATIENT’S BEST INTERESTS
