Actus Reus - legal principle

Question 1

R v Mitchell (1983)

Answer 1

A.R was involuntary

Question 2

March and Muntz (2003)

Answer 2

D’s hadn’t committed A.R so no offence

Question 3

R v Larsonner (1993)

Answer 3

Didn’t matter that D wasn’t acting involuntary

Question 4

Airedale NHS trust v Bland (1993)

Answer 4

Withdrawal of medical treatment not A.R if in best interest of patient (ommission)

Question 5

R v Pitwood (1902)

Answer 5

Omissions are A.R where contractual duty exists

Question 6

R v Gibbins & Procter (1918)

Answer 6

Omissions are A.R where duty because of relationship exists

Question 7

R v Stone & Dobbinson (1977)

Answer 7

Omissions are A.R where duty undertaken voluntarily

Question 8

R v Evans (2009)

Answer 8

Omissions are A.R where D created dangerous situation

Question 9

R v Dytham (1979)

Answer 9

Omissions are A.R where official position creates duty

Question 10

R v Miller (1983)

Answer 10

Omissions are A.R where D created dangerous situation

Question 11

DPP v Santa-Bermudez (2003)

Answer 11

Omissions are A.R where D created dangerous situation

Question 12

R v Pagett (1983)

Answer 12

‘But for’ test, factual causation

Question 13

R v Hughes (2013)

Answer 13

Factual causation not necessarily enough alone to cause liability

Question 14

R v Kimsey (1996)

Answer 14

Legal causation - more than a minimal factor

Question 15

R v Blaue (1975)

Answer 15

Thin skull rule

Question 16

R v Smith (1959)

Answer 16

Poor medical care not an intervening act if original wound still ‘operating cause’.

Question 17

R v Cheshire (1991)

Answer 17

Poor medical care not an intervening act if original wound ‘operating cause’

Question 18

R v Jordan (1959)

Answer 18

Sufficiently independent acts will break chain of causation

Question 19

R v Malcherek (1981)

Answer 19

Turning off life support doesn’t break chain of causation

Question 20

R v Roberts (1972)

Answer 20

D responsible for foreseeable actions taken by V due to D’s actions

Question 21

R v Majoram (2000)

Answer 21

D responsible for foreseeable actions taken by V due to D

Question 22

R v Kennedy (2007)

Answer 22

V’s actions break chain of causation when self-administering drugs