LEARNING OUTCOMES

Able to identify the elements of an actus reus;

Able to understand the imposition of omission liability

and its applicability;

Able to understand and apply the basic rules of

causation;
Able to understand and apply the various rules on an

intervening act.

INTRODUCTION
Definition:

Guilty conduct
Categorization of offences:

a) b) c)

Conduct crimes; Result crimes; and State of affairs crimes.

Elements:

a) b) c)

Positive act; Voluntary act; and Causation

ACTUS REUS
Positive act

Causation

Voluntary Act

POSITIVE ACT
Definition:

An actual movement or action on the part of the defendant.

General rule:

All offences must be committed by way of a positive act.

Exceptions:

a) b) c)

state of affairs offences; being responsible for anothers actions; and omission liability

Positive Act (cont):

Omission liability:
a) Statutory Duty R v- Firth b) Duties of law enforcement/under common law (i) Dytham (ii) Brown c) Contractual duty Pittwood

Positive Act (cont):

d) Assumed duties (i) Gibbons & Proctor (ii) Emery (iii)R v- Sheppard (iv)R v- Stone; R v- Dobinson (v) Evans (v) Lewin v- CPS

Positive Act (cont):

e) Ownership or control of property Tuck v- Robson

f)

Continuing act Fagan v- Metropolitan Police Commissioner

g)

Creation of danger R v- Miller Novel situations

h)

Positive Act (cont):

Distinguishing between acts and omissions

a)
b) c)

Airedale NHS Trust v- Bland

R (Burke) v- GMC NHS Trust A v- M, NHS Trust B v- H

VOLUNTARY ACT
A defendant can only be convicted of an act which he

committed consciously and voluntarily

There cannot be any external or internal influence

which caused the defendants action.

Bratty v- AG of Northern Ireland

Links back to the principle of responsibility

CAUSATION
Definition:

Causal link between the defendants actions and the resulting offence.
Types:

a) b)

Factual causation; and Legal causation.

Causation (cont)
Factual causation

Also known as causation on the facts. Proved based on the facts of the case.
Test: but for the defendants action/omission, the

result would not have occurred.

(i) R v- Dyson (ii)R v- White

Causation (cont)
Legal causation

Also known as causation in law. Proved by the application of legal principles to the facts.
Test:

That the defendants actions were the operating and substantial cause of the result. R v- Cheshire R v- Smith

Causation (cont)
Substantial cause:

a)

R v- Cheshire The defendants actions must have contributed to the result to a significant extent . R v- Kimsey The defendants actions must not be a slight or trifling link. R v- Cato The defendants actions must make more than an insubstantial or insignificant contribution.

b)

c)

Causation (cont)
Operating cause

(i) The defendants action must have operated to cause the result in that there must be no break in the chain of causation.
(ii) The chain of causation can be broken by an intervening act but not by the victims inherent characteristics.

Causation (cont)
Intervening act

a)

Definition:

A novus actus interveniens is a free, voluntary act of a third party which renders the original act no longer a substantial and operating cause of the result.

Causation (cont)
b) Requirements: (i) If the Ds act still forms part of the series of actions that led to the offence there will no break in the chain of causation. (ii) If even after there is an intervening act, the Ds act remains the substantial and operating cause, the D remains liable. (iii) D will not be liable of the intervening act was foreseeable. not

Causation (cont)
c) Types of intervening acts:

(i) Third partys actions:

(aa) R v- Latif; R v- Shahzad (bb) R v- Pagett

Causation (cont)
(ii) Medical intervention (aa) R v- Jordan, (bb) R v- Cheshire, (cc) R v- Smith

Causation (cont)
(iii) The victims response: (aa) (bb) (cc) (dd) (iv) R v- Corbett R v- Pitts R v- Williams R v- Dear

Drug administration cases: (aa) R v- Kennedy (2007)

Causation (cont)
Thin skull rule

If the resulting offence is a result of any inherent characteristics of the victim, this will not break the chain of causation.
R v- Blaue