Actus Reus Flashcards
What is the first thing we need to establish?
Has the D committed the AR of the offence
What are the 6 types of omission along with their cases?
Duty through statute-Road Traffic Act
Duty under contract-Adomako
Duty through status-Dytham
Duty of reliance-Gibbons and Proctor
Voluntary Assumed Responsibility-Evans
Dangerous situation-Miller
What are the two stages of causation?
Legal and Factual
What test is used for factual causation along with the case?
But for test from White
What principle is applied in legal causation?
De minimus principle from Kimsey
What does Kimsey tell us D has to be more than?
More than a minimal cause of the consequence
Define Novus Actus Interveniens
Intervening Acts
How can a NAI break the COC?
It has to be substantial and significantly independent
When it comes to the wound how can D still be liable?
If it is still an operating and substantial cause
What statement is used for the NAI of medical practitioners?
Will D still be liable if V receives bad medical treatment after the initial act such that V dies?
What case is applied to medical practitioners for an omission?
Smith-the wound was still an operating and substantial cause so D was liable
What two cases are applied to medical practitioners for an act?
Cheshire-only in the most extraordinary and unusual circumstances would the chain be broken and there has to be an overwhelming failure on the doctors part
Jordan-D was given “palpably wrong treatment” so the wound was no longer the operating cause
How can D still be liable after an NAI from the victim?
If the Vs actions were a reasonably foreseeable reaction to the actions of the attacker
What two cases are applied to NAI by the victim?
Roberts-no break in COC as Vs actions were foreseeable
Williams-Vs actions not foreseeable so it broke the chain —> daftness test= ‘Was Vs conduct reasonable or so daft to break the chain?’
What case is applied to NAI by a third party?
Pagett-police’s actions were reasonably foreseeable so chain intact
