ACTUS REUS
Omissions
Case What happened? Held
Gibbins & A father and his partner deliberately Parents and those assuming
Proctor failed to feed his young daughter, parental responsibility owe a legal
(1918) who died from starvation. duty to act.
Stone & Stone and his partner undertook the Voluntary assumption of
Dobinson care of his sick sister but failed to responsibility creates a duty to act.
(1977) look after her properly.
Pittwood A railway crossing keeper forgot to A contractual duty may found
(1902) shut the gate, causing a fatal criminal liability for an omission.
collision.
Miller (1983) A squatter accidentally started a fire Creating a dangerous situation
and simply moved to another room imposes a duty to take reasonable
instead of putting it out. steps to prevent harm.
Evans (2009) D supplied heroin to her half-sister Contributing to a dangerous
and failed to seek help after an situation creates a duty to act.
overdose.
Causation
Case What happened? Held
White (1910) D poisoned his mother's drink, but The prosecution must prove factual
she died of a heart attack before the ("but for") causation.
poison acted.
Blaue (1975) A stabbing victim refused a blood D must take the victim as they find
transfusion because of her religion them (thin skull rule).
and died.
Cheshire The victim died after negligent Ordinary medical negligence will
(1991) medical treatment following a not usually break the chain of
shooting. causation.
Kennedy (No D supplied heroin which the victim A fully informed and voluntary act
2) (2007) voluntarily self-injected before of the victim may break the chain of
dying. causation.
, MENS REA
Recklessness
Case What happened? Held
Cunningham D removed a gas meter, causing Recklessness requires
(1957) gas to leak into a neighbouring awareness of the risk and going
property. on to take it.
R v G (2003) Two boys accidentally started a fire Modern recklessness is
after leaving newspapers burning. subjective: D must actually
foresee the risk.
Intention
Case What happened? Held
Steane D made propaganda Motive and intention are separate
(1947) broadcasts for Germany to concepts.
protect his family.
Moloney D shot his stepfather during a Foresight is evidence of intention, not
(1985) drunken gun game. intention itself.
Nedrick D set fire to a house intending Introduced the "virtual certainty" test.
(1986) only to frighten someone.
Woollin D threw his baby towards a A jury may find intention where death or
(1999) pram and the child died. serious injury was a virtual certainty
appreciated by D.
MURDER & VOLUNTARY
MANSLAUGHTER
Case What happened? Held
Vickers D intended to cause serious injury and Intention to cause GBH is
(1957) the victim died. sufficient mens rea for murder.
Camplin A 15-year-old killed after being sexually Age and sex may be considered in
(1978) assaulted and mocked. the objective test for loss of
control.
Omissions
Case What happened? Held
Gibbins & A father and his partner deliberately Parents and those assuming
Proctor failed to feed his young daughter, parental responsibility owe a legal
(1918) who died from starvation. duty to act.
Stone & Stone and his partner undertook the Voluntary assumption of
Dobinson care of his sick sister but failed to responsibility creates a duty to act.
(1977) look after her properly.
Pittwood A railway crossing keeper forgot to A contractual duty may found
(1902) shut the gate, causing a fatal criminal liability for an omission.
collision.
Miller (1983) A squatter accidentally started a fire Creating a dangerous situation
and simply moved to another room imposes a duty to take reasonable
instead of putting it out. steps to prevent harm.
Evans (2009) D supplied heroin to her half-sister Contributing to a dangerous
and failed to seek help after an situation creates a duty to act.
overdose.
Causation
Case What happened? Held
White (1910) D poisoned his mother's drink, but The prosecution must prove factual
she died of a heart attack before the ("but for") causation.
poison acted.
Blaue (1975) A stabbing victim refused a blood D must take the victim as they find
transfusion because of her religion them (thin skull rule).
and died.
Cheshire The victim died after negligent Ordinary medical negligence will
(1991) medical treatment following a not usually break the chain of
shooting. causation.
Kennedy (No D supplied heroin which the victim A fully informed and voluntary act
2) (2007) voluntarily self-injected before of the victim may break the chain of
dying. causation.
, MENS REA
Recklessness
Case What happened? Held
Cunningham D removed a gas meter, causing Recklessness requires
(1957) gas to leak into a neighbouring awareness of the risk and going
property. on to take it.
R v G (2003) Two boys accidentally started a fire Modern recklessness is
after leaving newspapers burning. subjective: D must actually
foresee the risk.
Intention
Case What happened? Held
Steane D made propaganda Motive and intention are separate
(1947) broadcasts for Germany to concepts.
protect his family.
Moloney D shot his stepfather during a Foresight is evidence of intention, not
(1985) drunken gun game. intention itself.
Nedrick D set fire to a house intending Introduced the "virtual certainty" test.
(1986) only to frighten someone.
Woollin D threw his baby towards a A jury may find intention where death or
(1999) pram and the child died. serious injury was a virtual certainty
appreciated by D.
MURDER & VOLUNTARY
MANSLAUGHTER
Case What happened? Held
Vickers D intended to cause serious injury and Intention to cause GBH is
(1957) the victim died. sufficient mens rea for murder.
Camplin A 15-year-old killed after being sexually Age and sex may be considered in
(1978) assaulted and mocked. the objective test for loss of
control.
