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ACTUS REUS AND MENS REA - Coggle Diagram
ACTUS REUS AND MENS REA
ACTUS REUS (GUILTY ACT)
The General Presumption
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The general resumption is that a D must have committed a guilty act whilst having a guilty state of mind
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Duty to Act
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Statute:
If a statute requires an action, it's unlawful not to do so
Contract:
Individuals may be contracted to act in a particular way if they fail to act when under this contractual duty, they may be liable for an offence
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D has inadvertently created a dangerous situation, becomes aware of it, but fails to take steps to rectify it: R v Miller
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