Actus Reus Flashcards
Fagan v metropolitan police commissioner
Police officer case actus reus construed as a continuing act
R v church
Assaulted but drowned in river case. Transaction theory
R v majoram
Judge said must be legal and factual and for legal the injury must be something which could reasonably be foreseen as a consequence of the unlawful act, hotel jumped or fell from window
R v white
But for test
Legal causation
Defendants acts are sufficient to amount in law to a cause of the victims injuries
De minimus rule
Defendants acts must make a more than minimal contribution to the vs death
Kimsey
More than slight or trifling link
R v Watson
Burglars man died of heart attack brought on by stress also councilmen police visiting etc. Connection too weak not convicted
Novus actus interveniens
A new operating cause
R v Pagett
Used gf as a human shield. Liable. Held d need not be the sole cause or even the main cause it being enough that his act contributed significantly
R v Jordan
Original wound almost healed given drug known to be allergic. Exceptional case as normally medical treatment will not break the chain
R v smith
Soldier stabbed dropped twice on way to medic long delay treatment received as inappropriate and harmful. Original wound still operating and substantial cause.
R v Cheshire
Held allegedly negligent medical treatment will only break chain if so independent of the vs death and in itself so potent in causing death
R v malcherek
D stabbed wife tried to argue doctors turning off life support machine broke the chain. Held it did not.
R v Williams and Davies
Held an attempt to escape from a threat does not break the chain if it is within the range of responses which could have been foreseen by the reasonable person
