AS Law02 Actus Reus

Actus reus (AR) - the guilty mind; this is needed to find criminal liability.

• AR for murder is act of unlawful killing

AR must be voluntary; it must be a geuine choice made of the defendant 

• Dudley V Stephens

AR cannot be involutary; someone who acts autonomously is does not have AR

• Hill v Baxter 1958 - involuntary driving

AR can be apparent if one has a duty and fails to act; they owe a duty of care, this is known as an Omission.

There are 5 types of omission

• Contractual - contractual duty to act, usually on behalf of jobs.
  • Pittwood 1902 (railway crossing)
• Public Position - if one holds a public position they can owe a duty of care
  • Dytham 1979 (off duty policeman watched as a man was kicked to death)
• Failure to minimise harm - if harm is caused then a D should attempt to minimise
  • Miller 1983 (squatter set a mattress alight led to burning house)
• Responsiblility of another - taking responsibility leads to duty
  • Stone V Dobinson 1977 (caring for anorexic sister)
• Statute law - if statute states legal requirement leads to duty.
  • Children and Young Persons Act 1933

Causation - initial act or idea that has caused the resulting act (AR)

Causation is required for AR; prosecution must prove beyond reasonable doubt legal and factual causation.

Factual Causation: "But for test" and "deminimus test"

• But for Defendant's (D) action Victim (V) wouldnt have come to any harm.
  • Pagett 1983 (used girlfriend as a human shield)
• Deminimus; D's actions must be more than a minimal cause.
  • White 1901 (cyonide to poison mum, she died of heart attack)
    • against deminimus!!!

Legal Causation: "Operating and substantial Cause"

• operating and substantial cause; link between D and consequence
  • Smith 1959 (fighting soldiers)

Chain of causation - links between events that maintain causation through criminal cases.

• new intervening acts break causation! (Novus actus interveniens)
  • Jordan 1956 (Palbably wrong medical care)
• example of no break!
  • Malcherek 1981 (disconnecting life support, was not operating or substantial)
• Reasonable acts do not break chain of causation!
  • Roberts 1971 (sexual advances jumped out of car)
• unreasonable acts are intervening
  • Williams 1992 (being robbed whilst hitchiking and jumped out)

• Thin skull rule - take your victim as you find them; there are no changes to liability if a previous condition results in a worse liability.

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  • Blaue 1975 (refused blood transfusion and died)