R v Miller [1982] UKHL 6, [1983] 2 AC 161 is an English criminal law case establishing that actus reus can be interpreted to be an act or a failure to act.
Miller fell asleep with a lit cigarette in his hand, which started a fire. He woke but seeing the fire he took no steps to extinguish it and simply moved to sleep in a different room. Eventually the whole house caught fire, causing over £800 worth of damage. He was charged with arson.
The court held that as he was responsible for having created the dangerous situation, he was under a duty to take action once he became aware of the fire. Therefore, he was liable for his omission to take any steps to put out the fire or seek help.
This case established that a person would be guilty of his failure to act as long as a reasonable person aware of the dangerous situation he created would not turn a blind eye to it but would act to resolve it.
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