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Words: | Submitted: Sat Jan 29 2005
... (1993) and Winzar v Chief constable of Kent (1983) are 2 examples of this. The actus reus must be voluntary, it must have been carried out by some one who has control over his actions. However if they do not have control over their actions they have not committed the actus reus of a crime and so cannot be convicted. An example of this is if some one passes out whilst driving and causes an accident. The actus reus of omissions is a difficult area to cover. Under English law there is a rule that there is no duty to be a good citizen so therefore this means that usually a person will not be guilty if they fail to act. However parliament can create statutory crimes under which a person can commit the actus reus by failing to act e.g. s.6 Road Traffic Act 1988. There are also exceptions ...
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