Actus Reus

Question 1

Hill v Baxter (1958)

Answer 1

court gave examples of where a driver of a vehicle could not be said to be doing the driving voluntarily

Question 2

Larsonneur (1933)

Answer 2

example if a “state of affairs” case

Question 3

Pittwood (1902)

Answer 3

D owed a contractual duty

Question 4

Gibbons and Proctor (1918)

Answer 4

D owed a duty due to relationship

Question 5

Stone and Dobinson (1977)

Answer 5

A duty of care can be undertaken voluntarily

Question 6

Evans (2009)

Answer 6

D can create a state of affairs in order to create a duty of care

Question 7

Dytham (1979)

Answer 7

Owe a duty of care due to official position

Question 8

Miller (1983)

Answer 8

A duty can arise when D sets in motion a chain of events

Question 9

Santa-Bermudez (2003)

Answer 9

Duty of care by causing a dangerous situation

Question 10

Lowe (1973)

Answer 10

Unlawful act manslaughter cannot be committed by an omission

Question 11

Bland (1993)

Answer 11

If stopping treating a patient is in their best interest, then the omission does not form the actus reus

Question 12

Khan and Khan (1998)

Answer 12

law is capable of expanding to cover other situations e.g. to summon medical assistance

Question 13

Pagett (1983)

Answer 13

“but for” defendants conduct test

Question 14

Kimsey (1986)

Answer 14

D can be guilt if his conduct was more than a minimal cause if the consequence

Question 15

Blaue (1975)

Answer 15

example of the thin-skull rule

Question 16

Smith (1959)

Answer 16

D liable i the injuries he caused are still an operating and substantial cause

Question 17

Cheshire (1991)

Answer 17

Medical treatment would only break the chain of causation if “so independent of D’s acts and “in itself so potent in causing death”

Question 18

Jordan (1956)

Answer 18

Chain of causation was broken

Question 19

Malcherek (1981)

Answer 19

switching off a life support machine does not break the chain of causation

Question 20

Roberts (1972)

Answer 20

If D causes V to act in a foreseeable way, then injury to the victim will be considered to have been caused by the defendant

Question 21

Marjoram (2000)

Answer 21

D liable if V’s actions were reasonably foreseeable

Question 22

Williams and Davis (1992)

Answer 22

if Vs actions are unreasonable this will break the chain of causation

Question 23

Dear (1996)

Answer 23

V reopened wounds and didn’t break chain