Actus Reus

Voluntariness

Involuntary acts = defence / AG’s Ref 1992 - impaired, reduced, partial control not enough (must be completely involuntary)

Pure status offences - W v CC of K 1983

Cases only illegal due to the state / Winzar v Chief Constable of Kent 1983 - convicted of being drunk on a highway

Causation

Factual causation - but-for test / legal causation - no intervening acts (no novus actus interveniens breaking chain of causation), D must be main cause (can’t be de minimus cause)

Factual causation case - R v W 1910

R v White 1910 / D poisoned mother’s drink, convicted of murder, appealed because mother would’ve died regardless (died of heart attack, not cyanide) / D still convicted of attempted murder

Legal causation case - R v H 2013

R v Hughes 2013 / D driving without a licence and insurance, V driving under influence on wrong side - crashed / D convicted of causing death, Hughes was a de minimus cause

3rd party interventions - free deliberate actions - K II

Free, deliberate and informed actions can break chain of causation / R v Kennedy II 2007 - D not guilty of homicide, supplied drugs, but V knew they were drugs, chose to take them

Self-preservation/legal duty

Acts done out of self-preservation/legal duty = still liable / Pagett 1983 - policeman shot and killed someone, still at fault

Uninformed 3rd party interventions - S v A 1573

3rd party interventions don’t count if the 3rd party was uninformed / Saunders and Archer 1573 - man poisoned wife, daughter ate it (still guilty - wife fed food, but didn’t know poison)

Abnormal extraordinary interventions + EA v ECC 1991

Abnormal/extraordinary interventions = 3rd party interventions / but Environmental Agency v Empress Car Co 1991 - trespasser caused oil leak, Empress Car Co still liable (waste not stored safely + SL case)

Intervening medical errors - R v J 1956

Medical errors can break the chain of causation / R v Jordan 1956 - V stabbed, original wound almost healed, died from antibiotics he was allergic to, stabber not liable

Intervening acts of the victim - R v R 1971

Intervening acts of the victim don’t break the chain (unless action was unreasonable) / R v Roberts 1971 - driver started speaking/touching V inappropriately, V jumped out of the car and got injured, D still liable (risk/danger could be reasonably foreseen)

Thin skull rule - R v B 1975

Thin skull rule - D still fully liable for all harm, even if pre-existing condition / R v Blaue 1975 - D stabbed victim, V was Jehovah’s Witness and refused life-saving treatment, D still guilty (but-for cause, V must be taken post-crime anything that happens afterwards is irrelevant)

Omissions

General rule = no liability / but situational and relational cases

Omissions - situational case (R v M 1983)

R v Miller 1983 - caused fire by accident, didn’t put the fire out/call the firemen = liable

Omissions - relational (S and D 1977)

Stone and Dobinson 1977 - person took care of relative, failed to act when relative was in a dangerous situation, relative died = homicide