Actus Reus and causation

Question 0

Ommissions

Answer 0

1. R v Pittwood
   Where there is a duty to act, one is culpable of omissions
2. Fagan v Metropolitan Police Commissioner
   Assault cannot be committed by ommission
3. R v Miller
   Creating a source of danger might result in duty to act
4. R v Evans
   Heroin case. Question whether there is duty to act is a question of law, not for the jury.

Question 1

Voluntariness of Actus Reus

Answer 1

1. Bratty v AG for Northern Ireland
   - any mental disorder which has manifested in violence is a disease of the mind, therefore insanity
2. Hill v Baxter
   Some credible evidence for claim of sudden illness or concussion
3. R v Larsonneur
   Actus reus is committed even if under physical force

Question 2

Causation

But for causation

Answer 2

R v White

Cyanid, but dead of natural cause. But for causation

Question 3

Causation

Essence of causation test

Answer 3

R v Smith

Essence of causation test

Question 4

Causation

Breach in chain of causation

Answer 4

1. R v Roberts
   Where victim’s action are natural result of defendant’s conduct, there is no break in chain of causation
2. R v Jordan
   Break in chain of causation only if gross negligence in medical treatment.
3. R v Kennedy
   Heroin case. If fully responsible adult, takes deadly drug, no liability for supplier.

Question 5

Causation

Thin skull rule

Answer 5

R v Blaue

Jehovas witness case. Victim must be taken as found