Omission, Situational Crimes & Crimes Of Possession (8).

Do all crimes require a wrongful act i.e. can Actus Reus only be proved when an act is committed? In this video, we elaborate upon the kind of crimes that do do not require one: omission crimes, situational crimes, crimes of possession and crimes of commission. These crimes are then explained in detail, pertaining to what they are and how they may be carried out, in what situations these may be comitted (R v Pittwood [1902], R v Stone and Dobinson [1977], R v Miller [1982] and R v Dytham [1979] for omission crimes, Duck v Peacock [1949] for situational crimes and posession of drugs or dangerous weapons [statutory crimes] for crimes of possession) as well the requirements to establish these crimes (the 'but for test' and the necessity for a duty of care to be established for omission crimes, for example). We then move on and discuss the restrictions on criminal liability in cases of harm caused by omission, set in place so only the truly deserving can be convicted and not all those who decide to not do a certain action: the conduct element of the crime in question must be capable of commission by omission (Fairclough v Whipp [1951]), the circumstances must create a legal duty to act, the defendant's failure to act must breach duty, the defendant's failure to act must be voluntary and the harm must be caused by the omission (Morby [1882]).

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