Actus Reus Problem Question
AR Problem Question
This problem question includes the following areas of law:
- Actus Reus (Guilty Act)
- Omissions (Failure to Act)
- Duty to Act Situations
Wood
- Actus Reus = Guilty Act. To be criminally liable, the defendant (D) must perform a positive and voluntary act. An Omission (Failure to Act) does not make D liable, however, there are 6 situations in which failure to act may result in criminal responsibility:
1. Statute
2. Contract
3. Relationship
4. Voluntary Assumption
5. Public Duty
6. Creating a Dangerous Situation
Duty to Act Contract
- Where an individual is contracted to perform certain duties, failure to do so may result in criminal liability. In R v Pitwood (1920), D did not close the gates on a railway line (which he was contracted to do), resulting in the death of the victim (V). He was found Guilty of Gross Negligence Manslaughter as his failure to perform the duty he was contracted to do resulted in a death.
- Wood had a contract with Gloria as she was paying £40per week rent, however, Wood may argue that Gloria released him from his duty to act as she outstayed her visit and therefore the contract ended.
Relationship
- A relationship duty is usually between husband and wife (R v Smith (1997)), however, it can be between parent and child as shown in R v Gibbins & Proctor (1918) in which Gibbins owed a duty of care to his 7-year-old daughter and was found Guilty of Murder for not feeding her.
- There is no relationship between Wood and Gloria as they are both adults and so no duty arises.
Voluntary Assumption
- This can arise when D assumes a duty to V (e.g. through living together). In R v Stone (1997), D owed a duty of care to V through inviting her to live with him and so was found Guilty of Gross Negligence Manslaughter.
- Wood assumed a duty to Gloria when he invited her to stay. He could argue that Gloria ended the duty of care by refusing to eat with him, however, in R v Smith (1997) D was found Not Guilty of
This problem question includes the following areas of law:
- Actus Reus (Guilty Act)
- Omissions (Failure to Act)
- Duty to Act Situations
Wood
- Actus Reus = Guilty Act. To be criminally liable, the defendant (D) must perform a positive and voluntary act. An Omission (Failure to Act) does not make D liable, however, there are 6 situations in which failure to act may result in criminal responsibility:
1. Statute
2. Contract
3. Relationship
4. Voluntary Assumption
5. Public Duty
6. Creating a Dangerous Situation
Duty to Act Contract
- Where an individual is contracted to perform certain duties, failure to do so may result in criminal liability. In R v Pitwood (1920), D did not close the gates on a railway line (which he was contracted to do), resulting in the death of the victim (V). He was found Guilty of Gross Negligence Manslaughter as his failure to perform the duty he was contracted to do resulted in a death.
- Wood had a contract with Gloria as she was paying £40per week rent, however, Wood may argue that Gloria released him from his duty to act as she outstayed her visit and therefore the contract ended.
Relationship
- A relationship duty is usually between husband and wife (R v Smith (1997)), however, it can be between parent and child as shown in R v Gibbins & Proctor (1918) in which Gibbins owed a duty of care to his 7-year-old daughter and was found Guilty of Murder for not feeding her.
- There is no relationship between Wood and Gloria as they are both adults and so no duty arises.
Voluntary Assumption
- This can arise when D assumes a duty to V (e.g. through living together). In R v Stone (1997), D owed a duty of care to V through inviting her to live with him and so was found Guilty of Gross Negligence Manslaughter.
- Wood assumed a duty to Gloria when he invited her to stay. He could argue that Gloria ended the duty of care by refusing to eat with him, however, in R v Smith (1997) D was found Not Guilty of