#crime #law #omissions
However, in order to secure a conviction based upon a failure to act, the prosecution must prove that:
- the accused was under a legal duty to act;
- the accused breached that duty;
- the breach caused the actus reus of the offence to occur;
- should the offence so require, that the accused had the requisite mens rea; and 5 the crime is one which is capable of being committed by an omission. Some offences can only be committed by an act, e.g. unlawful act manslaughter.
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