Criminal Law: Actus Reus Flashcards
Hill v Baxter
voluntary act
hypothetical example of a swarm of bees entering the car and causing the driver to lose control
D would not be guilty of dangerous driving as their conduct was not voluntary, the act must be voluntary for it to from the AR
Larsonneur
state of affairs + involuntary acts
D was deported from Ireland to England, on arrival she was charged with being an illegal alien
her conviction was upheld even though she had not voluntarily come to England
Pittwood
omissions, contractual duty
D was a railway crossing keeper who failed to shut the gate and a train collided with a cart, killing the train driver
D had a duty to shut the gate as part of his contractual obligation and so was liable for V’s death
Dytham
omissions, official position
D was a police officer who stood by while V was beaten up
D was guilty for failing to perform his duty whilst in a public position and was charged with misconduct
Gibbins and Proctor
omissions, relationship
father starved his 7 year old daughter to death deliberately
he was guilty of murder because he had a duty to feed her based on the relationship between parent and child
Stone and Dobinson
omissions, voluntary
D had voluntarily assumed a responsibility to a relative by taking her in, V died as D failed to get her the medical help she needed
D was found liable for her death as they had a duty to care for her and failed to do so
Miller
omissions, dangerous situation
D accidentally set fire to a mattress and failed to put it out or call the fire brigade
D was liable as he had created a dangerous situation and owed a duty to act reasonably by calling the fire brigade
Bland
omissions, end of duty
doctors and family wanted to withdraw life saving treatment
duty ended as the treatment was no longer in the patents best interests, thus not being an omission or forming AR
White
factual causation
D poisoned his mother’s drink but reports showed she died of a heart attack and from the poison
D was therefore not liable for his mother’s death as he was not the factual cause of it, but for his actions she would’ve died anyway
Pagett
factual causation
D used V as a human shield and shot at the police who shot back and killed V
D was the factual cause of her death because but for his actions she would not have died
Kimsey
legal causation, more than a minimal cause
D and V engaged in a high speed car chase, V lost control of the car and died
ruled that D’s actions must be more than a minimal cause of the consequence, “more than a slight or trifling link”
Benge
legal causation — not the only cause
D was working on a train track and failed to give proper warning to the approaching train drivers
D was guilty, it was irrelevant that the accident may have been avoided if others had not also been negligent
Blaue
thin skill rule
D stabbed V and V refused a blood transfusion because she was a Jehovah’s Witness
D was still liable for her death even though a blood transfusion would’ve saved her life, D must take V as they find them including religious beliefs
Roberts
intervening acts, victims own act
D made sexual advances towards V so V jumped out of a moving car to escape unwanted advances
V’s actions were foreseeable so the chain of causation was not broken and D was still liable
Smith
intervening acts, medical treatment
D stabbed V and V was dripped twice from a stretcher, receiving negligent medical treatment
however, chain of causation was not broken as the original wounds were still the substantial cause of death
