Elements-AR Flashcards
Conduct
Not necessary for any consequence
Conduct example
Theft or drink driving
consequence
conduct results in consequence
consequence example
Murder
Actus reus
physical act of crime
Voluntary
Where the D has control
Voluntary example
Hill-v-Baxter
Involuntary
Where the D has no control
Involuntary example
R-V-Larsonneur
omission
failure to act
General rule
Their is no rule which says you have to help someone in danger except 6 expectations.
6 expectations
statutory duties to act
Duty arising out of contract
Duty arising from official position
Duty arising from a relationship
Duty arising from voluntary undertaking
Duty to limit the damage you have caused
causation
Where a consequence must be proved
Factual Causation
Consequence would not have happened.
Factual Causation example
R-v-White
Legal Causation
D only guilty if legally the cause
Legal Causation example
R-v-Kimsey
Thin skull rule
Take V as you find them
Thin skull rule example
R-v-Blaue
Novus Actus interveniens
Something which occurs after the defendants act which breaks the chain of causation
Medical intervening acts
Negligent medical care
Medical intervening acts example
R-v-Jordan
Third party intervening acts
Free deliberate and informed act
Third party intervening acts example
R-v-Pagget
statutory duty example
Domestic Abuse
Duty from contract example
Pitwood
Duty official relationship example
Gibson and protoctor
Duty official position example
Dytham
Voluntary undertaking example
Stone and Dobinson
Limit harm caused example
Miller
