... as opposed to a reflex action over which D as no control. If D's actions are involuntary then D may be able to plead the defence of automatism/non insane automatism. If successfully pleases this is a complete defence but in reality it is of limited application. An omission- most crimes result from positive conduct and providing the act is voluntarily undertaken then there would appear to be no difficulty in establishing fault on D's part. Normally a person will not be found to be criminally liable because he has failed to act. However there are exceptions to this rule where the law has decided that a person should be criminally liable for failing to act. For example in the Road Traffic Act 1988 it makes it an offence to 1. Fail to provide a sample of breath. 2) Supply certain information. Where there is a contractual duty to act a ...

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