Actus Reus Flashcards

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1
Q

What is the first thing we need to establish?

A

Has the D committed the AR of the offence

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2
Q

What are the 6 types of omission along with their cases?

A

Duty through statute-Road Traffic Act
Duty under contract-Adomako
Duty through status-Dytham
Duty of reliance-Gibbons and Proctor
Voluntary Assumed Responsibility-Evans
Dangerous situation-Miller

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3
Q

What are the two stages of causation?

A

Legal and Factual

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4
Q

What test is used for factual causation along with the case?

A

But for test from White

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5
Q

What principle is applied in legal causation?

A

De minimus principle from Kimsey

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6
Q

What does Kimsey tell us D has to be more than?

A

More than a minimal cause of the consequence

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7
Q

Define Novus Actus Interveniens

A

Intervening Acts

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8
Q

How can a NAI break the COC?

A

It has to be substantial and significantly independent

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9
Q

When it comes to the wound how can D still be liable?

A

If it is still an operating and substantial cause

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10
Q

What statement is used for the NAI of medical practitioners?

A

Will D still be liable if V receives bad medical treatment after the initial act such that V dies?

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11
Q

What case is applied to medical practitioners for an omission?

A

Smith-the wound was still an operating and substantial cause so D was liable

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12
Q

What two cases are applied to medical practitioners for an act?

A

Cheshire-only in the most extraordinary and unusual circumstances would the chain be broken and there has to be an overwhelming failure on the doctors part
Jordan-D was given “palpably wrong treatment” so the wound was no longer the operating cause

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13
Q

How can D still be liable after an NAI from the victim?

A

If the Vs actions were a reasonably foreseeable reaction to the actions of the attacker

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14
Q

What two cases are applied to NAI by the victim?

A

Roberts-no break in COC as Vs actions were foreseeable
Williams-Vs actions not foreseeable so it broke the chain —> daftness test= ‘Was Vs conduct reasonable or so daft to break the chain?’

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15
Q

What case is applied to NAI by a third party?

A

Pagett-police’s actions were reasonably foreseeable so chain intact

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16
Q

Name the three other NAIs and their cases

A

Self neglect-Holland=ignoring medical advice won’t break the COC
Refusal of treatment-Blaue=“thin skull rule” meaning you take V as you found them
Aggravating injuries-Dear=wound still a substantial cause