As law Unit 2 - Criminal Liability - Actus Reus

To prove someone is guilty of committing a crime you must have actus reus and mens rea.                                                                                                        Actus Reus means Guilty Act. This act can be a voluntary act, which means they did it out of their own free will or an omission which means a failure to act.

You can only use an omission as Actus Reus in 5 common law exceptions;

1) Where a family relationship exists - Downes

2) Where the defendant assumes responsibility for a person - R v Stone and Dobinson

3) A duty arising from an official position - Dytham

4) Under Contract - Pittwood

5) Where the defendant has started a chain of events - R v Miller

Causation - to prove the defendant cause the unlawful act

Factual causation - The 'but for' test - 'would the victim have escaped harm but for the actions of the defedant'?  - White (nofactualcausation)   - R v Pagett (factual causation)

Legal Causation                                                                                                      - Was the defendant a significant cause or was there a more significant one?  

Was there an intervening act or a break in the chain of causation?                      

R v Cheshire (no intervening act)    - R v Jordan (intervening act)                      R v Smith (no intervening act)

only in exceptional circumstances is medical negligence ever considered an intervening act !!!!

If the intervening act was foreseeable then the defendant is usually liable despite the intervening act

R v Roberts - womans jumped out of a car to avoid sexual advanaces (her actions were foreseeable)

R v Williams and Davis - Gave a lift to a hitch hiker, robbed him, jumped from car and died (actions were not foreseeable)

The 'thin skull' rule states that you must take your victim as you find them

R v Blaue - Victim was jehovah's witness, stbbed, refused blood transfusion and died, would have lived with blood transfusion (must take the victim as you find them)