Actus Reus Flashcards
what is the AR?
the physical part of a crime
what 3 types of crimes are there?
consequence/ result crimes, conduct crimes, state of affairs crimes
what does Hill v Baxter state the AR must be?
a positive voluntary act
what case states that sometimes D is convicted even though he did not act voluntarily?
Larsonneur
what is the general rule regarding omissions?
a failure to act is not a crime
when will a person be liable for an omission?
if they fail to act where they are under a duty to do so
what are the 6 types of duties with cases
- statutory duty - s6 Road Traffic Act 1988
- contractual duty - Pittwood
- voluntary assumption of duty - Stone & Dobinson
- duty through official position - Dytham
- creating dangerous situations - Miller
- Duty through relationships - Gibins & Proctor
describe factual causation with case
White - ‘but for’ test - but for D’s actions would D have dies?
describe legal causation with case
Kimsey - ‘more than a slight or trifling link’
other than kimsey, what other 2 cases can be used in regards to legal causation + LP
Smith - operating and substantial cause
Hughes - significant cause
what must not break the chain of causation?
intervening act (novus actus interveniens)
what 3 things can break chain of causation?
third party
the V
natural but unpredictable event
in what case did the doctor’s actions not break the chain as D’s actions were the operating + substantial cause of V’s death?
Smith
what is the PoL for Cheshire?
no break in the chain of causation unless treatment is so independent of D’s acts + in itself so potent that D’s conduct no longer made a significant contribution
what is the PoL for Jordan?
chain broken by ‘palpably wrong’ medical treatment
what case states that switching off life support by a doctor when V is brain dead does not break the chain?
Malcherek
what case states that the chain was not broken by the police as it was reasonably foreseeable that they would return fire?
Pagett
what case states that V’s actions did not break chain as they were reasonably foreseeable?
Roberts
what is the PoL for Williams? (V’s own actions)
D not guilty as V’s actions ‘daft’
what is the thin skull rule?
D must take V as he finds him
what is the PoL for Blaue (thin skull rule)?
V’s refusal to accept medical treatment not unreasonable + didn’t break chain
