Actus Reus Flashcards
What 3 things can the actus reus be
An act
An omission
A state of affairs
Does Actus Reus have to be committed voluntarily
Yes
What is the case showing that Actus Reus has to be committed voluntarily
Hill v Baxter
What is the case showing it doesn’t matter if the Actus Reus was involuntary
Larsonner
What are the 5 circumstances where there is a duty to act (omission)
Contractual Duty
Public Position
Special Relationship
Voluntary Relationship
Failure to control dangerous situation
What are the 6 circumstances where there is a duty to act (omission)
Contractual Duty
Public Position
Special Relationship
Voluntary Relationship
Failure to control dangerous situation
Statutory Duty
What is the case example for Contractual Duty (omission)
Pittwood
What is the case example for Public Position (omission)
Dytham
What is the case example for Special Relationship (omission)
Gibbons and Proctor
What is the case example for Voluntary Position (omission)
Stone and Dobinson
What is the case example for Failing to Control Dangerous Situation (omission)
Miller
What is the example for Statutory Duty (omission)
Road Traffic Act 1988 - s170
What is the first step of causation and when happens in it
Factual Casuation
‘But for’ test
What are the two cases for the but for test
White
Pagett
What case stated that factual causation is not enough
Hughes
What does the de minimis rule mean
D’s conduct must be more than minimal
What is the case for the de minimis rule
Benge
What is another case for de minimis rule and what does it say
Kinsey says de minimis means ‘more than a slight or trifling link’
What case shows the thin skull rule
Blaue
What three things can break the chain of causation
A third party act
Victims own act
A natural or unpredictable event
What are the three cases for a third
Party act
Smith
Jordan
Cheshire
What are the 2 cases for the victims own act breaking the chain of causation
Roberts
Williams