Actus Reus Flashcards
Mitchell 1983
D told off by a 72-year-old man for trying to push his way into a queue.
D punched the man, causing him to stagger backwards into a woman and knocking her over. She later died of her injuries.
D was convicted of unlawful act manslaughter. The man who had been punched and fell against the woman wasn’t liable for any criminal act.
Larsonneur
D ordered to leave the UK, she went to Ireland but was deported and unwillingly went back to the UK.
She was immediately charged with being an illegal alien found in the UK.
It did not matter that she wasn’t there voluntarily.
Gibbins and Proctor
Duty by Relationship
D had several children from a relationship and also a 7-year-old girl. Both D and partner left the child to fend for herself, she later died of starvation.
Guilty by omission to feed her.
Stone and Dobinson
Duty Taken Voluntarily
Stone’s elderly sister came to live with the defendants, she often stayed in her room for several days and refused to eat.
She died of malnutrition, both defendants were found guilty of her manslaughter.
Dytham
Duty by Position
D was a police officer on duty. He witnessed an assault and when it was all over D told a bystander he was going off duty.
He then left the scene without performing his duty.
Miller
Duty by Own Actions and Chain Caused
D was homeless, entered an abandoned building and started smoking. He feel asleep with a lit cigarette and it started a fire.
D woke up, seen the fire but just moved to sleep in a different room.
The building burned down causing significant criminal damage. He was guilty by omitting to fix the problem he caused.
Santana-Bermudez
D denied having any sharp objects on him when he was asked before the policewoman searched his pockets.
When she did search him she was injured by a needle which caused bleeding.
D was convicted of assault, he failed to warn her.
Bland v Airedale NHS Trust
Duty of Doctors
V left with severe brain damage after an incident, state wasn’t improving after 2 years on life support.
Doctors wanted to turn off life support even though they knew he would die. This was in Bland’s best interests.
If discontinuance of treatment is in the patient’s best interests, it is not an omission.
Pagett
Factual Causation
D used girlfriend as a human shield, he fired at the police. The police shot back, killing the girl.
D was guilty of murder, if it wasn’t for his actions, she wouldn’t have died.
White
Factual Causation
D put cyanide into mother’s tea. She died of a heart attack after only taking a sip.
D wasn’t guilty of murder, she would have died anyways without his actions.
Kimsey
Legal Causation: The De Minimis Rule
Unclear sequence of events led to a young driver crashing a car.
There can be more than one person who legally caused the crime but they must be more than the minimal cause.
Blaue
Legal Causation: The Thin Skull Rule
Young woman stabbed by D. She was taken to hospital but refused a blood transfusion on religious grounds.
Original D held liable as D must take V as he finds them.
Smith
Intervening Acts: Medical Treatment
Soldier stabbed by another. V’s medical treatment was very poor and affected chances of recovery.
D was still liable as injuries were an operating an substantial cause. D’s actions didn’t break the chain of causation.
Jordan
Intervening Acts: Medical Treatment
V was stabbed and wounds had almost healed. He was given a large dose of a drug he was known to be allergic to by a new doctor.
Doctors actions broke the chain of causation.
Roberts
Intervening Acts: Victim’s Own
Girl jumped from a car to escape D’s sexual advances, sustaining injuries.
D held liable as victim’s actions were reasonably foreseeable.
