Actus Reus

• Hill v Baxter -Hypothetical situation- The judge stated if someone was driving and was attacked by a swarm of bees, this would be an example of involuntarily conduct.
• -A contractual duty (R v Pittwood);

  -A railway-crossing keeping omitted to shut the gates so that a person crossing the line was struck and killed by a train. The keeper was guilty of manslaughter, by virtue of a contractual duty, because of his failure to close the gate.
• -A parental family or equivalent relationship (R v Gibbins and Proctor)

  -It is unclear how far the courts might go in developing obligations in other relationships (for instance, between friends or those who share accommodation and so on);

  -The child’s father and his mistress failed to feed the child so that it died of starvation, They had a duty to feed the child as a result of the relationship of parent to child, so had a duty to act. Their omission to act formed the actus reus of the offence, and they were guilty of murder.
• -A voluntary assumption of responsibility (R v Stone and Dobinson). Consider whether the defendants would have been guilty of manslaughter if they had made NO attempt to care for Victim.
• -The creation of a dangerous situation by Defendant, whether deliberately or accidentally (R v Miller)

  -The defendant, a squatter, fell asleep in an empty house. His lit cigarette fell onto his mattress, and a fire started. When he realised this he left the room and went to sleep in another room. He did not attempt to put out the fire or summon help. He was guilty of arson under the Criminal Damage Act 1971, s1.
• R v Paggett: Court of appeal dismissed Defendants appeal.

                 -They said that it was reasonably foreseeable that the police would return fire either in self defence or the execution of their duty, and “but for” Defendants conduct. The victim would not have died.
• R v White: Defendant wanted access to his inheritance under his mother’s will.

  -He put poison in his mother’s tea, but she died of a heart attack, and left the drink untouched.
• -R v Cheshire: Defendants appeal was dismissed because even though him stabbing the victim was not the sole cause of his death it had made a significant contribution.
• -Negligent, poor and inappropriate can break the chain. This will only break the chain of causation if the original wound has fully healed. -R v Jordan
• -Victim can break the chain if medical treatment is unreasonably refused. A victim can refuse medical treatment for religious reasons. This will not break the chain of causation. R v Blaue.