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
R v Pitts
V thrown himself in river is reasonable
The state of California v Lewis
Persuasive precedent. D shot v who then slit his own throat d still operative and substantial cause
R v Corbett
Running away within the range of foreseeable responses
Majoram
Hostel, v fell or jumped from window conviction upheld
R v Blaue
Jehovah’s Witness
R v dear
Accused daughter told him she had been sexually assaulted upon hearing this he stabbed alleged abuser repeatedly. Argued he committed suicide by reopening wounds or failing to seek medical attention when they reopened naturally.
Criticised ignores previous authorities which state chain is broken if vs conduct so unpredictable
Give 3 ao2 points
Taking v as you find them
V refusing treatment
Negligent medical treatment
