actus Reaus

Question 1

Define actus reus

Answer 1

Physical part of a crime. Every crime has an actus reus which must be proved eg punching

Question 2

Define Ommission

Answer 2

A failure to act. When the law gives you a duty to act but you fail to do so resulting in you being liable for not acting

Question 3

The law gives a legal duty to act if :…..

Answer 3

Contacttual duty (pitwood)
Special relationship (gibbons and proctor)
Voluntary assumption of a duty (gibbons and proctor)
Creating a dangerous situation
(Miller)

Question 4

Factual causation

Answer 4

But for test the defendant actions would the results have happened anyway(white)

Question 5

Legal causation

Answer 5

More than a slight or trifling link but they do have to be the main cause(kimsey)

Question 6

Intervening act

Answer 6

If the chain of causation is broken the defendant il no longer be liable

Question 7

Bad medical treatment

Answer 7

If the original injuries inflicted by the D are still in operation and substantial cause of the result the chain will not be broken(Cheshire)

Question 8

Thin skull rule

Answer 8

Where the victim is suffering from a vulnerability which makes there injuries worse(blaue=the D must take the victim as they found them)

Question 9

Act of a 3rd party

Answer 9

As long as the defendant made contribution the chain will not be broken(pagett)

Question 10

Victim refusing medical treatment

Answer 10

The victim in not under legal obligations to seek medical treatment therfore the D is held liable and chain isn’t broken (Holland)

Question 11

Switched off life support machine

Answer 11

Doctor will not be held as liable if the switch off life support machine so chain is not broken (malcherik and steel)