CASES
Actus Reus:
1. Hill v Baxter – for an act to be the AR of an offence, it must be a voluntary,
deliberate act.
Omission cases:
2. Pittwood – duty to act under contract.
3. Stone and Dobinson – voluntarily take on responsibility for somebody else.
4. Miller – duty to act when someone creates a dangerous situation.
5. Dytham – duty to act also exists if a person is in a position of public
responsibility.
6. Gibbins and Proctor – duty to act in certain relationships like parent and child.
Causation cases:
7. White, Pagett – Factual causation.
8. Smith – Legal causation (operating and substantial cause).
9. Cheshire – The D must contribute significantly to the cause.
10. Intervening act
11. Cheshire – Medical treatment rarely breaks chain of causation (unless
when the treatment is so independent of the d’s actions).
12. Jordan – Medical treatment does break the chain of causation (only in rare
circumstances though).
13. R v Malcherek and Steele – Switching off a life-support machine by a
doctor when it has been decided that the victim is brain-dead does not break
the chain of causation.
14. Blaue – Thin skull rule, D must take the victim (V) as he finds him.
15. Roberts – Acts of victim: If the defendant causes the victim to act in a
reasonably foreseeable way, then the victim’s own act will not break the
chain.
16. Williams – Acts of victim: If the act by the victim is daft/unreasonable and
so reasonably unforeseeable then the victims act breaks the chain.
17. Muhammed – Act of the Defendant: Victims own recklessness can stop
break in causation even as the event occurred through the D’s own actions.
Mens Rea:
18. Mohan – Direct Intention
19. Woollin – Indirect / Oblique Intention
20. Dudley & Stephens and Moloney – Oblique intent
21. Matthews and Alleyne – it was wrong of the court to state in Woollin that
an appreciation of virtual certainty constituted intention.
22. Cunningham – Recklessness
23. R. v G and Another – It must be shown D was aware it was unreasonable
to take the risk but decided to take it anyway.
, 24. Latimer – Transferred malice (when the defendant’s mens rea is
transferred from an intended victim onto the actual victim)
25. Mitchell – the mens rea was transferred from the intended victim to the
actual victim.
26. Pembliton – Mens rea cannot be transferred between different types of
offences.
27. Fagan v MPC – continuing act. (Coincidence rule/ Contemporaneity rule)
28. Thabo Meli – The MR continues over a series of acts until the AR.
29. Church – The MR continues over a series of acts until the AR.
30. Callow v Tillstone – Mens rea is not required for every aspect of the AR.
31. AG for Hong Kong v Gammon – Criteria for SL offences are Laid down by
Lord Scarman.
32. Alphacell v Woodward – Prevent pollution.
33. Prevent pollution – To ensure food safety.
34. Harrow LBC v Shah – To protect children from the dangers of gambling,
drinking and tobacco.
35. R v Larsonneur – D has been convicted even though he did not act
voluntarily.
36. Winzar v Chief Constable of Kent – absolute liability offences are those
where D can be liable without being at fault.
Assault:
37. Arobekieke – an act that causes fear is needed for assault.
38. Constanza – Words are sufficient for assault.
39. Smith v CSoWP – Actions alone is enough for assault.
40. Ireland – silence still counts as assault.
41. Lamb – Victim must apprehend immediate unlawful force.
42. Tuberville v Savage – words might negate the threat.
Battery:
43. Collins v Wilcock – application of unlawful force.
44. Thomas – Only the slightest touch is necessary.
45. DPP v K and R v Haystead – A battery may be indirect.
46. Savage or Venna – The mens rea for battery is intention or recklessness as
to the application of unlawful force.
ABH:
47. Chan-Fook – ABH means injury that is ‘not trifling’ or ‘not wholly
insignificant.
48. Chan-Fook – ABH can include psychiatric harm but must be ‘more than
fear or distress’.
49. Smith (Michael) - the Assault or Battery leads to discomfort then it is ABH.
50. T v DPP – ABH includes momentary loss of consciousness.
Actus Reus:
1. Hill v Baxter – for an act to be the AR of an offence, it must be a voluntary,
deliberate act.
Omission cases:
2. Pittwood – duty to act under contract.
3. Stone and Dobinson – voluntarily take on responsibility for somebody else.
4. Miller – duty to act when someone creates a dangerous situation.
5. Dytham – duty to act also exists if a person is in a position of public
responsibility.
6. Gibbins and Proctor – duty to act in certain relationships like parent and child.
Causation cases:
7. White, Pagett – Factual causation.
8. Smith – Legal causation (operating and substantial cause).
9. Cheshire – The D must contribute significantly to the cause.
10. Intervening act
11. Cheshire – Medical treatment rarely breaks chain of causation (unless
when the treatment is so independent of the d’s actions).
12. Jordan – Medical treatment does break the chain of causation (only in rare
circumstances though).
13. R v Malcherek and Steele – Switching off a life-support machine by a
doctor when it has been decided that the victim is brain-dead does not break
the chain of causation.
14. Blaue – Thin skull rule, D must take the victim (V) as he finds him.
15. Roberts – Acts of victim: If the defendant causes the victim to act in a
reasonably foreseeable way, then the victim’s own act will not break the
chain.
16. Williams – Acts of victim: If the act by the victim is daft/unreasonable and
so reasonably unforeseeable then the victims act breaks the chain.
17. Muhammed – Act of the Defendant: Victims own recklessness can stop
break in causation even as the event occurred through the D’s own actions.
Mens Rea:
18. Mohan – Direct Intention
19. Woollin – Indirect / Oblique Intention
20. Dudley & Stephens and Moloney – Oblique intent
21. Matthews and Alleyne – it was wrong of the court to state in Woollin that
an appreciation of virtual certainty constituted intention.
22. Cunningham – Recklessness
23. R. v G and Another – It must be shown D was aware it was unreasonable
to take the risk but decided to take it anyway.
, 24. Latimer – Transferred malice (when the defendant’s mens rea is
transferred from an intended victim onto the actual victim)
25. Mitchell – the mens rea was transferred from the intended victim to the
actual victim.
26. Pembliton – Mens rea cannot be transferred between different types of
offences.
27. Fagan v MPC – continuing act. (Coincidence rule/ Contemporaneity rule)
28. Thabo Meli – The MR continues over a series of acts until the AR.
29. Church – The MR continues over a series of acts until the AR.
30. Callow v Tillstone – Mens rea is not required for every aspect of the AR.
31. AG for Hong Kong v Gammon – Criteria for SL offences are Laid down by
Lord Scarman.
32. Alphacell v Woodward – Prevent pollution.
33. Prevent pollution – To ensure food safety.
34. Harrow LBC v Shah – To protect children from the dangers of gambling,
drinking and tobacco.
35. R v Larsonneur – D has been convicted even though he did not act
voluntarily.
36. Winzar v Chief Constable of Kent – absolute liability offences are those
where D can be liable without being at fault.
Assault:
37. Arobekieke – an act that causes fear is needed for assault.
38. Constanza – Words are sufficient for assault.
39. Smith v CSoWP – Actions alone is enough for assault.
40. Ireland – silence still counts as assault.
41. Lamb – Victim must apprehend immediate unlawful force.
42. Tuberville v Savage – words might negate the threat.
Battery:
43. Collins v Wilcock – application of unlawful force.
44. Thomas – Only the slightest touch is necessary.
45. DPP v K and R v Haystead – A battery may be indirect.
46. Savage or Venna – The mens rea for battery is intention or recklessness as
to the application of unlawful force.
ABH:
47. Chan-Fook – ABH means injury that is ‘not trifling’ or ‘not wholly
insignificant.
48. Chan-Fook – ABH can include psychiatric harm but must be ‘more than
fear or distress’.
49. Smith (Michael) - the Assault or Battery leads to discomfort then it is ABH.
50. T v DPP – ABH includes momentary loss of consciousness.
