ACTUS REUS

Conduct

D physical act or omission required for liabilty

Circumstance

Facts surrounding D's conduct required for liability

Result

A result that has been caused

it is concered with the physical momvment of D body

 3  main examples

- Omissions Liability

-Possesion Offences

-State of  affairs

 Offences must be satisfied when liability is based on omission.

A) RECOGNISED OFFENCES:

The offence charged must be recognised in law as one being capable of committed by omission

B) DUTY OF ACT:

Must be a legally recognsied duty in a certain manner.

C)DUTY OF BREACH:

Ds failure to act must fall under the standard expected under the standard of the duty.  

• V MUST BE A REASONABLE PERSON
• UNDER 18
• A REASONABLE PERSON WOULD BE OFFENDED BY THESE ACTS

Circumstances must be crucial to determine liability. It shouldnt be assumed that all circumstances are part of the offence.

Caused a result. E.g. death or GBH

The conduct caused a result.

Its not sufficient for you just to be omitted of the liabilty.

• Need a recognised offence
• You need a duty to act
• A breach of duty

RTA 1988

Makes it an offence to fail to report a motor accident.

The statute creates a special duty only to the people involved.

DYTHAM:

Police officer, he failed to stop someone getting beaten up.

He walked away and said he was "off duty" but he owed a duty as he had an official position.

Responsible public body.

Contractual duty owed, e.g. job position

Where D has a duty under contract

Pittwood:

He failed to close the gate and train collided with horse cart and train driver died.

He was charged as under contractual duty to close the gate as part of job requirements.

D has a duty when there's a close family relationship.

E.G Spouse or child

Gibbens and Proctor:

Failed to feed the child.

Owed duty as relationship as dad and step mother.

Evans (Gemma)

Half sister gave heroin, V injected herself and died.

HS argued didnt owe duty, but the mother did.

Arises where V voluntarily undertaken duty to care for V.

Stone and Dobinson

Neglected Fanny and she died.

Owed duty, the lady owed duty of care to sister in law as she cared for at one point.

Fell below the standard of her duty.

When you create a dangerous situation you are under a duty to act.

Miller-

Lit cigarette, fell asleep and matress on fire. Woke up, saw fire and  left the room to sleep elsewhere and caused damage to property.

His failure to prevenet the fire spreading means he breached the duty.

SATISFISED MENS REA AND ACTUS REUS

see Evans-Gemma  for other example.

After it has been established that D has a duty to act, the next requirement is that D breached the duty.

Ds omission is accompanied by the circumstance, conduct and result.

Factual Causation:

But for test

But for Ds conduct, would the result have occurred?

If no=not liable

If yes=liable

WHITE- Cyanide

Paggett- Police shot girlfriend

SUBSTANTIAL-

De minimmus rule-

Roberts

Dalloway

must be slight or trifliing

Ds conduct must have substantially increased the likelihood of the result happening.

OPERATIVE-

Must be no interveniens from the D

 cant be any acts of God.

Subsequent act of D (if not part of a contnuting act.

foreseeability) can be foreseen or unforseeable

whether it'll break the chain of causation

roberts

voluntariness) has to be free, voluntary and informed.

the chain will be broken

kennedy

evans

egg shell/thin skull) take V as you find him

blaue

intervention from 3rd party- break the chain/result element jordan, smith- if the status of x is doctor-doesnt break