Actus Reus and Mens Rea case examples

Question 1

Winzar v Chief Constable of Kent [1983] The Times, 28 March - Conduct only crimes

Answer 1

The defendant was charged with being drunk on the highway, but was on the highway when police were taking him to the station, therefore didn’t consent to being on the highway

Question 2

White [1910] 2 KB 124 - factual case

Answer 2

• The defendant tried to poison his mother with cyanide, but instead she was found to have died of natural causes
• Therefore, the defendant was charged with attempted murder rather than murder because the result (his mother’s death) would have occurred anyway

Question 3

Kimsey [1996] Crim LR 35 - legal case

Answer 3

The defendant was found to be the legal cause of the victim’s death as they were driving recklessly against one another, and the victim crashed and died, making the defendant criminally liable

Question 4

Hughes [2013] UKSC 56 - legal case

Answer 4

Injected heroine into the victim who died of an overdose, found criminally liable despite the victim consenting

Question 5

Cato [1976] 1 All ER 260 - legal case

Answer 5

Injected heroine into the victim who died of an overdose, found criminally liable despite the victim consenting

Question 6

Master [2007] EWCA Crim 142 - victim’s conduct

Answer 6

• The defendant was violent to his girlfriend and stabbed her, she went on to die from a haemorrhage
• Despite the face she had a medical condition that contributed to this, the defendant was still criminally liable to the events that happened

Question 7

Blaue [1975] 3 All ER 446 - Victim’s conduct

Answer 7

The defendant stabbed his victim, and the victim was a Jehovah’s witness who refused living-saving treatment (blood transfusion), therefore the defendant was still viable for the victim’s death

Question 8

Roberts [1972] 56 Cr. App. R. 95 - Victim’s conduct

Answer 8

The victim was injured after jumping out of a moving car in an attempt to escape the defendant who was trying to assault her whilst driving. The defendant was held criminally liable

Question 9

Marjoram [2000] Crim LR 372 - Victim’s conduct

Answer 9

The defendant broke into the victim’s hostel room, and the victim jumped out of the 3rd story window to escape, and the defendant was still held criminally liable for her injuries

Question 10

Kennedy (No.2) [2007] UKHL 38; [2008] 1 AC 269 - drug cases

Answer 10

House of Lords case, the defendant was found not criminally liable because the defendant only supplied the heroine to the victim, and had left the room whilst the victim injected and died of an overdose

Question 11

Pagett [1983] 76 Cr App R 279 - third party conduct

Answer 11

A block of flats was surrounded by police and fired a gun. The police fired back but couldn’t see he was using his pregnant girlfriend as a shield. The defendant was held criminally viable for the victim’s death, but was instead found guilty of manslaughter

Question 12

R v A [2020] EWCA Crim 407 - third party conduct

Answer 12

Whilst driving home after clubbing, the defendant and passengers had an argument, and the defendant pulled into the hard shoulder without putting hazards on, and a lorry drove into the car and killed a passenger. Argued that it was foreseeable that some type of collision would occur

Question 13

Smith (Thomas) [1959] 2 QB 35 - medical cases

Answer 13

The defendant was a soldier who got into a fight and stabbed another soldier with his bayonet. The victim was a victim of a series of events. He was dropped on the floor twice and was not treated immediately and died of a haemorrhage. Despite this, the defendant was still found criminally liable as their actions caused this

Question 14

Cheshire [1991] 3 All ER 670 - medical cases

Answer 14

The defendant stabbed the victim in the stomach, but the victim didn’t die until 2 months later, and instead died of an obstruction of the airway because of the treatment they’d received. The defendant was held criminally liable for the victim’s death

Question 15

Jordan [1956] 40 Cr App R 152 - medical cases

Answer 15

The defendant stabbed the victim, and they died 8 days later. This was because the doctor gave the victim an anti-biotic, they knew the victim was allergic to, and the victim died of an allergic reaction. The defendant was not held criminally viable

Question 16

Miller [1983] 2 AC 161 - omissions

Answer 16

House of Lords case, created the duty to act. The defendant was homeless and smoking in an unoccupied house. The cigarette fell onto a mattress and caught fire; the defendant was aware of this but just moved into a different room. Held criminally viable for the damage caused as they had a duty to act as they knew there was danger

Question 17

R v Cunningham 1957 - Mens Rea (recklessness)

Answer 17

subjective recklessness as part of the definition ‘statutory malice’ (Poisoning offence, Cunningham went down to the basement and ripped out the metre get get the money inside, gas escaped and poisoned the neighbour)

Question 18

Caldwell v MPC 1982 - Mens Rea (recklessness)

Answer 18

Criminal damage Act 1971, aware and taking risk, or failure to consider risk at all (drunken hotel worker set fire to the hotel)

Question 19

R v G - Mens Rea (recklessness)

Answer 19

Arguments against Caldwell’s recklessness, breached ‘mens rea principle’: the unthinking risk taker had no culpable state of mind, and potential for injustice (House of Lords used its power to overturn its own previous decisions)