Main Cases and Chains For Actus Reus
Actus Reus — Main Cases And Chains
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.
Definition Of Actus Reus
Actus Reus Refers To:
• External Element Of Crime
• Guilty Act
• Conduct Prohibited By Law
Components Of Actus Reus
Actus Reus May Include:
• Conduct
• Consequences
• Circumstances
• Omissions
Core Structure Of Actus Reus
Conduct Crimes
• Focus On Defendant’s Actions
Examples:
• Perjury
• Possession Offences
• Drink Driving
Result Crimes
• Require Particular Consequence
Examples:
• Murder
• Criminal Damage
• Assault Occasioning Actual Bodily Harm
Conduct Chains
Voluntary Act Requirement
Chain
• Criminal Liability Requires Voluntary Conduct
• Involuntary Conduct Cannot Usually Create Liability
• Courts Distinguish Between Voluntary And Involuntary Actions
• Automatism Removes Voluntary Control
• Without Voluntary Conduct, Actus Reus Cannot Be Established
Main Case — Hill v Baxter
Principle
• Driving While Unconscious Due To Automatism Prevents Liability
Rule
• Defendant Must Have Conscious Control Over Actions
Main Case — Attorney General’s Reference (No 2 of 1992)
Principle
• Reflex Actions May Still Be Voluntary If Some Control Exists
Omissions Chains
General Rule On Omissions
Chain
• Criminal Law Generally Does Not Punish Failure To Act
• Liability Usually Requires Positive Conduct
• Omissions Create Liability Only Where Duty Exists
• Courts Recognise Limited Situations Creating Duty
• Breach Of Duty May Establish Actus Reus
Situations Creating Duty
Statutory Duty
Chain
• Parliament May Impose Legal Duty To Act
• Failure To Fulfil Statutory Obligation Creates Liability
• Breach Of Statute Can Establish Actus Reus
Main Case — R v Pittwood
Principle
• Railway Employee Failed To Close Gate
• Failure Led To Death
• Contractual/Statutory Duty Created Liability
Contractual Duty
Chain
• Contract May Create Duty Of Care
• Failure To Perform Contractual Responsibility Can Create Criminal Liability
• Omission Becomes Actus Reus Where Harm Results
Main Case — R v Pittwood
Principle
• Contractual Employment Duty Can Create Criminal Liability
Special Relationship Duty
Chain
• Certain Relationships Create Legal Responsibility
• Parents Responsible For Children
• Spouses May Owe Duties
• Failure To Protect Vulnerable Person Creates Liability
Main Case — R v Gibbins And Proctor
Principle
• Parents Failed To Feed Child
• Omission Caused Death
• Duty Based On Relationship
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.
Voluntary Assumption Of Care
Chain
• Defendant May Voluntarily Accept Responsibility
• Duty Arises Once Care Accepted
• Failure To Continue Care May Create Liability
Main Case — R v Stone And Dobinson
Principle
• Defendants Accepted Care Of Vulnerable Relative
• Failure To Obtain Help Created Liability
Creation Of Dangerous Situation
Chain
• Defendant Creates Dangerous Situation
• Duty Arises To Prevent Harm
• Failure To Correct Danger Creates Liability
• Omission Following Dangerous Conduct Establishes Actus Reus
Main Case — R v Miller
Principle
• Defendant Accidentally Started Fire
• Failed To Extinguish Fire
• Failure To Act Created Liability
Public Office Duty
Chain
• Public Officials Owe Duties To Public
• Wilful Failure To Perform Duty Can Create Liability
• Abuse Of Public Responsibility May Establish Actus Reus
Main Case — R v Dytham
Principle
• Police Officer Failed To Intervene In Assault
• Failure To Perform Duty Created Liability
Consequence Chains
Result Crime Structure
Chain
• Some Crimes Require Consequence
• Defendant’s Conduct Must Cause Result
• Prosecution Must Establish Causation
• Factual And Legal Causation Required
• Without Result, Actus Reus Incomplete
Factual Causation
Chain
• “But For” Defendant’s Conduct
• Harm Would Not Have Occurred
• Defendant Must Be Starting Point Of Harm
Main Case — R v White
Principle
• Victim Died Before Poison Took Effect
• Defendant Not Factual Cause Of Death
Legal Causation
Chain
• Defendant’s Conduct Must Be Substantial And Operating Cause
• Contribution Must Be Significant
• Trivial Contribution Insufficient
Main Case — R v Smith
Principle
• Original Injury Remained Operating Cause Despite Medical Treatment
Thin Skull Rule
Chain
• Defendant Must Take Victim As Found
• Vulnerable Victim Does Not Break Liability
• Unexpected Weaknesses Still Create Full Liability
Main Case — R v Blaue
Principle
• Victim Refused Blood Transfusion Due To Religion
• Defendant Still Liable
Intervening Acts Chains
Novus Actus Interveniens
Chain
• Intervening Event May Break Chain Of Causation
• Independent Event Must Be Significant
• Original Defendant May Escape Liability
• Courts Examine Foreseeability And Contribution
Medical Treatment Cases
Main Case — R v Jordan
Principle
• Exceptionally Poor Medical Treatment Broke Chain Of Causation
Main Case — R v Cheshire
Principle
• Ordinary Medical Negligence Usually Does Not Break Chain
Victim Acts Cases
Main Case — R v Roberts
Principle
• Foreseeable Victim Reactions Do Not Break Chain
Main Case — R v Williams And Davis
Principle
• Unforeseeable Victim Conduct May Break Chain
Main Case — R v Pagett
Principle
• Reasonable Self-Defence Actions By Third Parties Do Not Break Chain
Assault Chains
Assault Actus Reus
Chain
• Defendant Causes Victim To Fear Immediate Unlawful Violence
• Physical Contact Not Necessary
• Words/Actions Can Create Assault
Main Case — R v Ireland
Principle
• Silent Telephone Calls Can Create Assault
Battery Chains
Battery Actus Reus
Chain
• Unlawful Physical Contact Required
• Touching May Be Minimal
• No Injury Necessary
Main Case — Collins v Wilcock
Principle
• Everyday Physical Contact Usually Impliedly Consented To
ABH Chains
Assault Occasioning Actual Bodily Harm
Chain
• Assault/Battery Causes Actual Bodily Harm
• Injury Must Be More Than Trivial
• Psychological Harm May Qualify
Main Case — R v Miller
Principle
• “Actual Bodily Harm” Means More Than Trifling Injury
Main Case — R v Chan-Fook
Principle
• Recognised Psychiatric Injury May Constitute ABH
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.
GBH Chains
Grievous Bodily Harm
Chain
• Serious Harm Required
• Injury Must Be Really Serious
• Medical Evidence Often Important
Main Case — DPP v Smith
Principle
• GBH Means Really Serious Harm
Theft Chains
Appropriation
Chain
• Defendant Assumes Rights Of Owner
• Consent May Still Amount To Appropriation
• Any Owner Right Assumed May Suffice
Main Case — R v Morris
Principle
• Switching Price Labels Amounted To Appropriation
Main Case — R v Gomez
Principle
• Consent Does Not Prevent Appropriation
Property
Chain
• Property Includes Money
• Includes Tangible And Intangible Property
• Includes Real And Personal Property
Main Case — Oxford v Moss
Principle
• Confidential Information Not Property Under Theft Act
Belonging To Another
Chain
• Property Belongs To Person With Possession Or Control
• Ownership Not Essential
• Temporary Possession Sufficient
Main Case — R v Turner
Principle
• Defendant Stole Own Car From Garage Due To Garage Possession
Criminal Damage Chains
Damage
Chain
• Damage Includes Permanent Or Temporary Harm
• Cleaning Costs May Amount To Damage
• Expense Or Effort Often Important
Main Case — Roe v Kingerlee
Principle
• Mud On Walls Constituted Criminal Damage
Main Case — Hardman v Chief Constable Of Avon And Somerset
Principle
• Washable Paint Still Constituted Damage Due To Cleaning Costs
Recklessness Chains
Subjective Recklessness
Chain
• Defendant Must Recognise Risk
• Defendant Unreasonably Takes Risk
• Awareness Of Risk Essential
Main Case — R v G
Principle
• Established Subjective Recklessness Test
High-Level Exam Chains
Omissions Universal Chain
• No General Duty To Act
• Duty Arises In Recognised Situation
• Defendant Breaches Duty
• Harm Results
• Omission Establishes Actus Reus
Causation Universal Chain
• Defendant Performs Conduct
• Harm Occurs
• Factual Causation Established
• Legal Causation Established
• No Intervening Act Breaks Chain
• Liability Established
Assault Universal Chain
• Defendant Acts/Uses Words
• Victim Fears Immediate Violence
• Fear Is Unlawful
• Assault Established
Theft Universal Chain
• Defendant Assumes Owner Rights
• Property Exists
• Property Belongs To Another
• Dishonesty Present
• Intention To Permanently Deprive Present
• Theft Established
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.
Most Important Actus Reus Cases To Memorise
| Area | Case |
|---|---|
| Voluntary Act | Hill v Baxter |
| Omissions | R v Miller |
| Contractual Duty | R v Pittwood |
| Relationship Duty | R v Gibbins And Proctor |
| Assumption Of Care | R v Stone And Dobinson |
| Public Duty | R v Dytham |
| Factual Causation | R v White |
| Legal Causation | R v Smith |
| Thin Skull Rule | R v Blaue |
| Medical Negligence | R v Jordan |
| Victim Acts | R v Roberts |
| Assault | R v Ireland |
| Battery | Collins v Wilcock |
| ABH | R v Chan-Fook |
| GBH | DPP v Smith |
| Appropriation | R v Gomez |
| Property | Oxford v Moss |
| Belonging To Another | R v Turner |
| Criminal Damage | Roe v Kingerlee |
| Recklessness | R v G |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 11 World Records and 7 Distinctions, Educate A Change.