Actus Reus + Mens Rea Flashcards
R v Dytham
Public Officer can’t wilfully and without reasonable excuse, neglect their duty.
DPP v Bartlay
Public Officer can’t wilfully and without reasonable excuse, neglect their duty.
R v Evans (Gemma)
Sister Created dangerous situation by supplying drugs and didnt call for ambulance. If they reasonably should have known that conduct would become life threatening, they have a duty to take reasonable steps to save others.
No duty of care for siblings ordinarily
R v Gibbins and Proctor
Parent Child relationship. Starved child case
R v Chattaway
Parent Child relationship. Starved 25 year old reliant on parents case
R v Shepherd
V died in childbirth. Over 18. No legal duty for parent.
R v Bonnyman
Trained doctor didnt seek help for addict wife. Spouse/ Partner case.
R v Hood
Sole carer for wife. Fell down steps and didnt call for help for 3 weeks
R v smith (1979)
D didnt seek help for wife until she lost consciousness. SHe had refused medical care. Case dismissed. Capacity is important. If they dont appear too ill it is reasonable to listen to V.
R v Smith (1826)
Brother incapable of looking after himself. No duty
R v Instan
D lived with ill and sick aunt. D showed no interest in providing care whatsoever. DUty assumed
R v Stone and Dobinson
Stones sister moved in with them. Even though siblings dont ordinarily have duty of care. The fact that she was living under same roof was a factor. Duty adopted
DPP v Joel & anor
HSE failed. Institutional failing may release D of Duty
Re B
Consent to Treatment: Patient autonomy of mentally competent person should be respected.
Brown v Pittwood
D failed to close gate at railway line. COntractual duty
R v Stingh
Maintenance Person had duty to maintain flat. Carbon monoxide
Fagan v Metropolitan Police Commissioner
Car on cops foot case, When he realised he was on his foot and didnt move, that gave him mens rea. Course of conduct or continuing action
Airedale NHS Trust v Bland
No duty to treat if not in best interest of patient. Withdrawn = Omission and not an act.
R v Larsonnear
Doesnt matter how french national got to england. and if they didnt want to be there
Winzar v Chief Constable of Kent, The Times
Doesnt matter how drunk man came to be in public space
Martin V state of alabama
Drunk had to be voluntarily on street
R v Robinson-Pierre
Pitbull case. Difference between strict liability and situational liability. Must be causal link
R v Deller
Mens rea without actus reus isnt an offence
R v Jakeman
Attempted drug smuggler case. STate of mind at time of relevant act is what matters.
R v Miller
FIre mattress case. Creating dangerous situation. Duty to minimise harm
Thabe and Meli v R
Intended to beat v to death. V didnt die from this. Unaware of this, they threw him off a cliff. These two acts worked as one continuous act
R v Church
No plan needed. Knocked V unconscious. Thought he killed her. Threw her in river and she drowned
R v Le Brun
Transaction Principle. Knocked V unconscious. WHile moving her, accidentally dropped and killed her Tainted by original purpose, same sequence of events
R v White
Poison and heart attack case. Heart attack was actual cause of death. Poison was only small dose. Novus actus interveniens.
R v Dalloway
Responsibility only arises where jury finds driver negligent in ROad Traffic Accident.
R V adams
Doctor eased passing of elderly patients with morphine. If medicine cant restore health, doctor can relieve pain, even if it shortens life.
DPP v Daly
Assault must contribute in substantial or significant way to death
DPP v Davis
Assault then fall down stairs. Assault contributed in more than minimal way.
DPP v Murphy
D argued semen didnt establish causation of death. Abundant evidence from which virtually irresistible interference can be drawn
R v Benge
Foreman train case. Novus actus interveniens of third party. Free deliberate and infrormed. Must contribute to result
R v Pagett
Human Shield case. Reasonably foreseeable that firing at cops would cause them to fire back in self defence.
R v Smith (1959)
Soldier stabbed. Negligent medical treatment. Injury from D is operating and substantial cause.
R v Cheshire
Vs wounds from Ds attack no longer life threatening. Neglugent treatment. Still convicted.
R v Jordan
Vs wounds largely healed up. Terrible medical treatment. Treatment must be palpably wrong to break chain
R v Malcherek
Withdrawing life support because of irreparable brain damage. DOesnt break chain
R v steele
Withdrawing life support because of irreparable brain damage. DOesnt break chain
In re ward of court
True cause wasnt the withdrawel of life support, but the injuries sustained.
Dunne v DPP
D Shot friend with pneumonia after 2 years in vegetative state. Argument that this was withdrawal of medical aid was rejected.
R v Longbottom
Killed pedestrian who was negligent. Still Liable
AG v gallagher
Negligent Motorcyclist killed by D, still liable
R v Martin
Egg shell skull rule
R v Blau
Egg shell skull rule. Jehovahs witness.
R v Roberts
D made sexual advances on V and she jumps out of car to escape. Reasonably foreseeable in the circumstance
R v Williams and Davies
Two Ds threatened hitchhiker in car. Hitchhiker jumps out. Not reasonably foreseeable. Improportionate response.
R v Flynn
D hit V over head. carrys on with life and dies days later. Not a novus actus interveniens
R v Holland
D cuts Vs finger. V refused to get it amputated and died. D cant escape liability
R v Dear
V commits suicide by openning wounds that d gave him. Wounds are significant and operating cause,
R v Dhaliwal
w/o recognised psychiatric injury. Assault that leads V to suicide doesnt render d liable
R v Wallace
Acid Attack case. EUthanised in Belgium. Is it reasonably foreseeable that someone would commit suicide as a result of injury.
R v Kennedy (No.2)
Supply of drugs. V self administers drugs voluntarily. D not liable
DPP v Murray
Direct intention definition. + Test for subjective recklessness in ireland. Consciously disregards a substantial and unjustifiable .risk must be extreme,
DPP v Douglas & Hayes
Oblique intention def: D acting for one purpose and brings about another
DPP v FN
Bomb on plane scenario. Oblique intention only really for murder cases
Cliffford v DPP
More obscure the consequence, the less lukely inference of intention can be made
DPP v Foley
Knowledge is positive and correct beliefe that circumstances of offence existed
R v Lamb
Accidentally shot friend case. No idea how gun worked. No mens rea.
Brown v US
Take into account emergency or stress
DPP v Healy
Breathalyzer. If mistake of law was allowed. It would put a premium on ignorance.
