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
