Actus reus

Question 1

Two approaches to secure conviction where actus reus complete before formation of mens rea:

Answer 1

1. Treating the actus reus as a continuing act;

2. Basing liability on failure to act after creating a dangerous situation.

Question 2

Treating the actus reus as a continuing act:

Answer 2

Fagan v Metropolitan Police Commissioner:
Defendant stopped on policemen’s foot, refused to move. No mens rea at time, once formed, no act to base liability.
Held that actus reus continued for whole time car remained on foot, developed mens rea during this time.

Question 3

Basing liability on failure to act after creating a dangerous situation:

Answer 3

R v Miller
The defendant fell asleep in derelict house, smoking cigarette. Awoke to mattress smouldering and moved elsewhere. Act causing Actus reus occurred when the defendant was asleep and the mens rea arose when he awoke.
Held that the defendant had created a dangerous situation which gave rise to a duty to act, failure to deal with this fire - liable.

Question 4

Single transaction view:

Answer 4

R v Church
Defendant attacked a woman intending to cause GBH. Lapsed into unconsciousness, but the defendant believed she was dead so threw her body into a river in order to dispose of it. The victim subsequently drowned.
Defendant will be liable if the entire incident viewed as a whole could be regarded as a ‘series of events’ designed to cause death or GBH. The elements of the offence will be satisfied, provided the actus reus and mens rea occur somewhere during a single transaction.