Monday, November 14, 2016

The Actus Reus of Murder

The Actus Reus of reach is the unconventional killing of a healthy creature in being and under the sissys Peace. The killing essential(prenominal) be unlawful. It is not unlawful if what is done is in self-defence, or in the prevention of law-breaking and the defendant used reasonable force under the circumstances. The Actus Reus bum be an act or oversight but it must cause the death of the victim. assassinate is a result criminal offense; the defendant cannot be sheepish unless his act or indifference caused the death.\n\nOmissions as Actus Reus\nIn nigh every case the actus reus willing be an act much(prenominal) as stabbing the victim, shooting them or running them over. The pattern rule is that an failure cannot represent a any(prenominal)body blood blameable of an offence. This was explained by Stephen J, a nineteenth century judge A sees B drowning and is able to preserve him by holding turn up his hand. A abstains from doing so in order that B may be drowned. A has committed no offense.\n\nExceptions to the Rule\nthither are exceptions to the rule that an omission cannot make a person guilty of an offence. In some cases it is possible for a visitation to act to be the actus reus. An omission is only sufficient for the actus reus where at that place is a traffic to act. thither are four chief(prenominal) situations in which such a duty can exist.\n1. A rationaliseual duty.\n2. A duty because of a relationship\n3. A duty which has been taken on voluntarily.\n4. A duty which arises because the defendant has set in effort of a chain of events\n\ncontractual avocation\nIn Pittwood 1902 a railway get across flight attendant failed to shut the gates of the crossing when a train was due. As a result a person crossing the inception was struck by a train. The keeper was guilty of manslaughter. A more modern pillow slip would be of a life belt at a pocket billiards who leaves his post unattended. His failure to do his duty und er his contract of employment could make him guilty of an offence if a natator were injured of drowned.\n\nA Duty Because of a Relationship\nThis is unremarkably a parent-child relationship sin...

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