When can a legally relevant omission satisfy the actus reus requirement of a criminal offence?

Correct answer: D. When the accused has a legal duty to act

  • A. When the omission causes only financial inconvenience
  • B. When the accused merely feels morally obliged to act
  • C. When the victim has requested the accused to act
  • D. When the accused has a legal duty to act

Explanation

An omission can constitute actus reus when the law imposes a duty to act, such as a duty arising from a statute, contract or special relationship. A purely moral obligation is generally insufficient for criminal liability.

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About Criminal Law

Criminal law identifies offences against the state, persons and property, and explains the requirements of actus reus and mens rea for establishing liability. It also covers stages of crime, abetment, attempt, joint and common intention, general exceptions, criminal responsibility and punishments, distinguishing substantive offences from criminal procedure.

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