Act Actus reus

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omission involves failure engage in necessary bodily movement resulting in injury. commission acts, omission acts can reasoned casually using approach. not having acted, injury not have occurred. model penal code outlines specifications criminal omissions:



so if legislation criminalizes omission through statute; or duty expected omitted , caused injury, actus reus has occurred.


in english law, there no samaritan rule therefore 1 cannot criminally liable omission unless duty of care owed. omission can criminal if there statute requires 1 act. situations impose duty of care , require 1 act include when 1 is: under contract (r v pittwood), has assumed care (stone , dobinson), has created dangerous situation (miller) or holds official position within society (dytham).


possession

possession holds special place in has been criminalized under common law not constitute act. countries united states have avoided common law conclusion in regina v. dugdale legally defining possession voluntary act. voluntary act, fulfills requirements establish actus reus.








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