2 - Actus Reus

Question 1

TYPES OF CONDUCT

Minister for P&T v Campbell

Answer 1

Actual and Constructive possession

Question 2

TYPES OF CONDUCT

DPP v Tanner

Answer 2

Awareness/recklessness as to possession

Question 3

TYPES OF CONDUCT

R V Lowe

Answer 3

Difference between causing and allowing

Question 4

WHERE D IS REQUIRED TO ACT

R V DYTHAM

Answer 4

under contract

Question 5

WHERE D IS REQUIRED TO ACT

R V Stone

Answer 5

assumed duty/responsibility

Question 6

WHERE D IS REQUIRED TO ACT

DPP v Bermudez

Answer 6

creating danger to others

Question 7

VOLUNTARY CONDUCT

Hill v Baxter

Answer 7

act must have a mental element - voluntarily punched someone

Question 8

VOLUNTARY CONDUCT

DPP v O’Reilly

Answer 8

Insane Automatism - no AR

Question 9

VOLUNTARY CONDUCT

O’BRIEN V PARKER

Answer 9

non insane automatism - must have no control over their actions

Question 10

CAUSATION

DPP V MURPHY

Answer 10

CAM BE INFERRED FROM CIRCUMSTANCES

Question 11

CAUSATION

R V HENNIGAN

Answer 11

an OPERATING/SUBSTANTIAL cause will be sufficient

Question 12

CAUSATION

DPP v Davis

Answer 12

must be more than a minor cause - use but for test

Question 13

NOVUS ACTUS INTERVENIENS

R v Pagett

Answer 13

must be independent of defendants actions

Question 14

NOVUS ACTUS INTERVENIENS

R V Chesire

Answer 14

unusual treatment = novus

Question 15

NOVUS ACTUS INTERVENIENS

R v Blaue

Answer 15

egg shell skull

Question 16

NOVUS ACTUS INTERVENIENS

Express Car v National Rivers

Answer 16

in non homicide - common sense view of novus