Actus Reus and Mens Rea

• What is the test for factual causation?


  “But for the defendant’s conduct/[omission], would the result have occurred?”
• How is legal causation established?

  Was the defendant’s conduct a substantial; blameworthy and operating cause
• When establishing legal causation, the chain of causation must not be broken
• A break in the chain of causation is called novus actus interveniens
• How can a break in the chain of causation come about?


  • Subsequent actions of D
  • Natural events
  • The actions of the victim - R v Kennedy [2007] - victims’ can break that chain if their act is free, voluntary and informed
  • The actions/omissions of a third party
• In what five areas does a duty of care exist?

  • Statutory/law enforcement duty
  • Contractual duties to act
  • Familial duties to act
  • Duty based on a voluntary assumption of care
  • Duty arising from the creation of a dangerous situation
• What's an example of a breach of duty of care in statutory duty?

  • R v Dytham [1979]
  • A police officer was near a club and saw someone being kicked out and there was a fight in which he didn’t intervene and a person died
• What's an example of a breach of duty of care in contractual duty?

  • R v Pittwood [1902]
  • Pittwood was a railway gatekeeper and in an instance didn’t close the gate and a disaster occurred and it was found that it was an omission.
• What's an example of a breach of duty of care in familial duty?

  • R v Hood [2004] a married couple
  • She fell down the stairs and for three weeks he failed to take care of her and didn’t call for help at all
• What's an example of a breach of duty of care in voluntary duty?

  • R v Stone and Dobinson [1977]
  • The defendant’s sister went to live with the couple, her anorexia worsened and she was found dead in her bed
  • The court argued they had assumed a voluntary duty of care when they let her move in as they were aware of her illness so breached that duty by doing nothing about her illness
• What's an example of creating a dangerous situation?

  • R v Miller [1983]
  • Miller was a smoker, lit a cigarette and then fell asleep and the mattress caught on fire and instead of putting it out, went to sleep in another room resulting in the house burning down
• What's an example of a breach of duty to act?

  R v Stone and Dobinson [1977]

  • S and D were a disabled couple who took in S's sister
  • S's sister was mentally ill and obsessed with her weight
  • S and D failed in their attempts to take care of her and she died as a result
• What are the three levels of mens rea?

  • Intention
  • Recklessness
  • Negligence
• Intention is the most blameworthy state of mind and has two levels: direct intent and indirect intent
• What is direct intent?


  Result is the defendant’s aim or purpose or a means to an end
• What is indirect intent?

  It is foreseeable that your unlawful action would occur
• What is the test for indirect intent?

  • The Woollin Test
  • The defendant has indirect intent if
  • The result was a virtually certain consequence of the defendant’s conduct
  • The defendant personally foresaw it as virtually certain
  • The jury choose to find intention
• The test for recklessness was established in G & R [2003]:

  • It must be shown that:
  • D was aware of the risk that a result will occur
  • And it was, in the circumstances known to the defendant, unreasonable to take that risk
• What is the test for negligence?

  The test for negligence is objective and the defendant’s conduct falls below the standard of a reasonable person