OCR - Law, Actus Reus Cases

All cases under actus reus including ommisions and causation

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Cases- Actus Reus
Name Happened Point of Law
Hill V D was behind the wheel when his car Some credible evidence must
Baxte collided with another at his trial on a support a claim of sudden illness
r charge of dangerous driving, he or concussion the burden of proof
claimed he had been overcome by an thereafter is on the prosecution
unknown illness and had been to show that the act was a
unconscious. voluntary one.
State of
Winzar A drunk homeless person who was being a nuisance in a hospital
1983 casualty was taken by the police, placed in their car which was
parked on the highway and charged with being drunk on a public
Larsonneur French woman deported from UK and told not to return placed in a
1933 UK police station by the Irish police. Charged with `being an alien
having been refused entry to the UK being found there'
Omissions ­
Failure to act
Fagan V Fagan parked his car on pc Morris
Metropolitan foot, it was an accident but when
police asked to move the car he refused,
Officer 1969 refusing created the mens rea
Pittwood D was a gatekeeper at a level D had a duty to shut the
1902 ­ crossing. One day he left the gate gate (owed to his employers
Contractual open and went on his lunch. A hay rather than to the public at
cart crossed the line and was hit by large), but it was enough
a passing train. The driver of the that his negligent failure to
hay cart was killed. act could lead to conviction.
Gibbons and G was the father of several The courts regarded the
Proctor 1918 children and lived with his lover P. parent's duty towards a
They both kept Nelly separate from young child as so selfevident
Relationship the other children in a cupboard and as not to require analysis or
deliberately starved her to death. authority
They made up a story that she had
`gone away' but had buried her
where G worked.
Stone and D1 and D2 were of low intelligence The defendant must be
Dobinson and voluntarily agreed to look after proved to have been

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D1's anorexic sister, Fanny. She indifferent to an obvious risk
Voluntarily became increasingly ill and difficult of injury to health, or actually
and died of blood poisoning after to have foreseen the risk but
being bedridden.…read more

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Khan DD drug dealers supplied heroin to a Extending the duty of a drug dealer
and 15yearold girl. It became apparent to summon medical assistance for
Khan the girl needed medical attention but a person whom he supplied heroin
1998 the DD left her alone, she died. The and who subsequently died would
next day they dumped her body on be too wide an extension
waste ground.…read more

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Roberts D in a car with V a not inexperienced The victim's reaction does not
1971 21 year old woman. They were break the chain of causation if it
travelling between two parties. D was reasonably foreseeable,
made advances towards V who then i.e. provided it was not
jumped out of the car (travelling at `so "daft" ... or so unexpected ...
20 mph), sustaining injuries.…read more


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