Actus Reus

Question 1

R v White

Answer 1

Factual causation - ‘but for’ test

Question 2

R v Benge

Answer 2

D’s acts need not be the only cuase

Question 3

R v Hughes

Answer 3

D’s actions must be significant (not minimal)

Question 4

R v Pagett

Answer 4

D’s actions must be the operative cause

Free, informed, deliberate act may break chain of causation

Question 5

R v Smith

Answer 5

Medical negligence will not break chain of causation unless so overwhelming as to make the original wound merely part of the history
Wound must be the operating and substantial cause

Question 6

R v Cheshire

Answer 6

Medical negligence would have to be so independent of D’s actions and so potent in causing death that D’s actions are rendered insignificant

Question 7

R v Hayward

Answer 7

Thin skull rule (weak heart valve)

Question 8

R v Blaue

Answer 8

Thin skull rule (religious beliefs)

Question 9

R v Roberts

Answer 9

Act of victim has to be so daft an unexpected that no reasonable man could have foreseen it to break chain of causation

Question 10

R v Williams v Davies

Answer 10

Timidity or neuroticism on the part of the victim would make extreme action foreseeable

Question 11

R v Holland

Answer 11

Refusing medical treatment does not break chain of causation

Question 12

R v Dear

Answer 12

Reopening wounds caused by D and committing suicide will not break chain of causation

Question 13

R v Smith

Answer 13

An omission, without a duty will not create an offence

Question 14

R v Dytham

Answer 14

Police office has a duty to intervene and prevent harm

Question 15

R v Pitwood

Answer 15

Contractual duty to act to prevent carriages from crossing the railway tracks

Question 16

R v Gibbons & Proctor

Answer 16

Parents have a duty to take care of their children

Voluntary assumption of care will result in duty to act

Question 17

R v Instan

Answer 17

Voluntary assumption of care of her aunt gave rise to a legal duty to act

Question 18

R v Stone & Dobinson

Answer 18

Voluntary assumption of care of sister (relation, took care, lived in their home) resulted in legal duty of care

Question 19

R v Miller

Answer 19

Duty to act in the creation of danger

Question 20

Airedale Trust v Bland

Answer 20

No duty to prolong life of coma patient if withholding medical treatment is reasonable action to have taken

Question 21

R v Ruffell

Answer 21

Duty of care assumed between friends who took drugs together - breached by leaving him outside in the cold

Question 22

R v Nichols

Answer 22

If someone chooses to take care of a person who is helpless either through infancy, mental illness or infirmity, he is bound to execute that responsibility

Question 23

R v Evans

Answer 23

Assumption of duty of care through creating dangerous situation (provided drugs)