Actus reus is Latin for evil act. There cannot be a crime without a criminal act.

Question:

• Actus reus is Latin for “evil act.” There cannot be a crime without a criminal act.

• In general, a person cannot be guilty of a crime unless that person commits a voluntary act.

• An omission is a failure to act. Certain omissions can satisfy the actus reus element of criminal liability.

• An omission can satisfy actus reus when a special relationship is established.

• An omission can also lead to criminal liability in the case of statutory relationships, in contract situations, following a voluntary assumption of care, if an omission leads to the creation of peril, when there is a duty to control the conduct of another, and when a landowner duty exists.

Questions:-

1. When can an omission qualify as the actus reus of a crime?
2. What types of voluntary acts satisfy actus reus?

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Criminal Law

ISBN: 9780135777626

3rd Edition

Authors: Jennifer Moore, John Worrall

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