Actus Reus Flashcards
Types of Actus Reus
State of Affairs
Surrounding Circumstance
Conduct
Result
Conduct + Result
R v White 1910
D gave posion to his mother, but she died of a heart attack before it effect.
Established But for Test
Failed - NG
R v Padgett 1983
D shot V’s father and then used her as a human shield at gun point. He opnened fire on police and when they returned fire they killed her.
Satisfied but for test and was convicted of Murder
Legal Causation
actions must be the substantial and operating cause + intact chain of causation
R v Blaue
D stabbed a Jehovah witness, she reufsed a life saving blood transfusion and died. D convicted of murder and thin skull rule expanded to include beleifs
R v Cheshire 1991
V shot by D, was treated in hospital and died of complications that were not diagnosed by doctors.
Despite negligence of doctors, D was still laible as contributed signigicantly to death
R v Williams & Davies
D tried to rob a hitchhiker in car, V jumped from car and died.
D’s conviction were quashed as CoA belived his actions were intervening acts
Omissions - Lord Justice Stephen
“It is not a crime to cause death or bodily injury even intentionally by any omission”
R v Pittwood
Contract
D was gatekeeper at a level crossing, where he was contractually obligated to close gate, he failed to leading to death of V.
Pitwood guilty of Manslaughter
R v Gibbins & Proctor - Speical Relationships
1st D failed to provide food for his child, who then starved to death, due to nature of relationship was criminally liable
R v Gibbins and Proctor - Voluntary Assumption of Care
2nd D also failed to provide food as they had done so before it constituted a voluntary assumption of care - Criminally liable
R v Miller
Dangerous Situations
D was squatting in a flat and fell asleep with a lit cigerette. When he awoke, he realised mattress was on fire, he moved rooms and made no attempt to seek help or extinguish the fire.
Convicted of Arson
R v Dytham
Official Positions
D was Constable in Uniform and failed to intervene when V was kicked out of nightclub and kicked to death by 3 men.
D charged with wilful misconduct in a public office
R v Khan and Khan
D sold Heroin to 15yr old who overdosed and died, he made no attempt to help her or find assistance.
D quashed as whether D owed a duty should have been put to Jury
