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Actus Reus
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Detailed notes relating to actus reus. Helped me achieve a distinction (76%) in my final exam.
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CRIMINAL LAW: ACTUS REUS Actions of the defendant that are prohibited by law, although it can be much wider than just
doing something.
Conduct Offences: in some cases, offences will only require certain acts to have been
committed by the defendant to satisfy the actus reus.
Result Offences: the actus reus of result crimes requires more than just the defendant's action.
Here, the action must lead to a specified consequence.
Homicide: Murder
Murder = unlawful homicide with malice aforethought.
Actus Reus for murder:
1) Unlawful – not one of the exceptions (killing enemy soldiers in battle, advancement of justice
or self-defence).
2) Killing causation.
3) Reasonable person of being – child must be fully expelled from mother’s body (R v Poulton)
4) Under the Queen’s peace – refers to non-wartime conditions/the jurisdiction of England and
Wales as per R v Adebolaje.
Causation
Factual Causation – ‘but for’ test
But for the act/omission of the defendant, would the consequence have occurred in the way it did?
R v White
D acquitted of poisoning and murdering his mother because it was found that she died from
heart failure, not murder. But for test not satisfied.
Legal Causation
D’s actions must be the dominant and operating cause. (R v Paggett)
Substantial:
̶ Not a de minimas, trifling one. (R v Cato)
̶ Contributed significantly. (R v Paggett)
̶ More than minimal. (R v Kimsey)
Courts may also consider whether the culpable element of D’s act caused the death.
R v Dalloway
D drove a horse and carriage without holding onto the reins – crashed into a little girl and she
died. But for test satisfied but it was found that even if he was holding onto the reins, D would
not have been able to stop in time D’s culpable act (i.e. negligence in not holding the rein)
was not the cause of the death, therefore no actus reus.
D’s act need not be the only cause.
R v Benge
Foreman of railway tracklayers thought the next wasn’t due for hours and ordered the track to
be taken up. Sent signalman to stop approaching trains but he didn’t go the correct distance.
Driver not keeping a good lookout. Train crash.
D still liable, notwithstanding there were also other people at fault.
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