AR & MR

Question 1

Key 8 Elements for AR and MR

Answer 1

R v Pagget (legal causation)
R v Jordan (medical negligence)
R v Blaue (thin skull rule)
Road traffic Act (Duty to act)
Gibbins v Proctor (omission)
Stone v Dobinson (assumption of care)
R v Woolin (oblique intent)
R v Cunningham (recklessness)

Question 2

What is the first element of Actus Reus

Answer 2

Causation
- Legal is it fair to impose liability, R v Pagget, De minimus principle (not THE cause of death but A cause of death)
- Factual, ‘but for test’ R v White

Question 3

How can the chain of causation be broken

Answer 3

• third party
• Vs own acts

Question 4

What is a break in causation called

Answer 4

Novus actus intervenius

Question 5

Examples of third party negligence

Answer 5

• Medical negligence, R v Jordan

Question 6

What principle says to take vs as you find them - alongside case

Answer 6

Thin skull Rule. R v Blaue

Question 7

What does the thin skull rule relate to when looking at novas acts interventions

Answer 7

The Vs own acts

Question 8

What is the second element of AR

Answer 8

• Omissions and duty to act

Question 9

What is an omission

Answer 9

Failure to act seen in the case of Gibbons v Proctor

Question 10

What are the 5 laws on when there is a duty to act

Answer 10

1. Parliament/statute ( Road Traffic Act)
2. under contract
3. close relationship
4. assumption of care (Stone v Dobinson)
5. creation of a dangerous situation

Question 11

What is the first element of MR

Answer 11

Intention
- Direct, wanting result to occur (R v Mohan)
- Oblique, doesn’t desire particular intent, but may occur (R v Woolin)

Question 12

What does intent also cover when it depends on who the victim is and whether it was the intended victim

Answer 12

Transferred malice
R v Latimer

Question 13

What is the second element of MR

Answer 13

Recklessness
- taking unjustifiable risk
- subjectively tested

R v Cunningham, if risk in Ds mind at time of offence - can be liable