Actus Reus

• Definition

  • An act, a failure to act (omission) or a state of affairs
  • Must be voluntary + have control over actions (Hill v baxter)
  • the only time it can be involuntary is if there is a state of affairs leading up to the act (R v Larsonneur)
• Types of criminal offences

  1. Conduct crimes
  2. Consequence crimes
  3. 'State of affair' crimes
• Conduct crimes

  • The act itself is criminal, irrespective of the consequence
• Consequence crimes

  • act itself may not be criminal but consequence is
• State of affair crimes

  • A state of affairs the D is responsible for
• Factual Causation

  • 'But for' test
  • R v Paggett
• Legal Causation

  • D was 'operative and substantial cause' (R v Smith)
• Legal causation - Substantial

  • Substantial = 'not de minimis' - irrelevant part leading upto death
  • R v Kimsney - actions need to be more than de minimis to end result
• Legal Causation - Operative

  • Operative = no novus actus interveniens (new act intervening) - breaks the chain of causation

  1. Acts of victims - D cause V to act in reasonably forseeable way (R v Roberts) action must be proportional to threat (R v William + Davis)
  2. Thin skull rule - R v Blaue
  3. Medical treatment - palpably wrong (R v Jordan)
  4. Naturally occurring event (Act of God)