actus reus

Question 1

what is meant by the actus reus?

Answer 1

D must commit a voluntary positive act

Question 2

omissions, wwhat is it

Answer 2

the failure to fulfil a legal duty to act

Question 3

omission types

Answer 3

contract of employment
official position
duties arising due to a special relationship
voluntary assumption of care
limit harm caused where D created a dangerous situation
omissions created by statute

Question 4

source for a duty to act under contract of employment

Answer 4

pittwood

Question 5

source for a duty arising from official position

Answer 5

dytham

Question 6

source for a duty arising from the voluntary assumption of care

Answer 6

gibbins and proctor

Question 7

source for duties arising from a special relationship

Answer 7

gibbins and proctor

Question 8

source for duty to limit harm caused where D has created a dangerous situation

Answer 8

miller

Question 9

examples of omissions created by statute

Answer 9

s170 road traffic act

Question 10

s1 children and young persons act 1993

Answer 10

duty of a parent to act out of care for their child

Question 11

s170 road traffic act

Answer 11

duty to stop at a scene of a crime

Question 12

duty to stop at a scene of a crime

Answer 12

s170 road traffic act

Question 13

duty of a parent to act out of care for their child

Answer 13

s1 children and young persons act 1993

Question 14

types of causation

Answer 14

factual and legal

Question 15

factual causation def

Answer 15

but for test

Question 16

legal causation def

Answer 16

D must have made a significant contribution
‘more than a slight or trifling link’

Question 17

factual causation source

Answer 17

white

Question 18

legal causation source

Answer 18

kimsey

Question 19

how can causation be removed?

Answer 19

novus actus interveniens

Question 20

novus actus interveniens - third party acts examples

Answer 20

bad medical treatment
life support

Question 21

when will bad medical treatment be a valid intervening act

Answer 21

cheshire - if it is ‘so independent’ of D’s acts and ‘in itself so potent in causing death’

Question 22

when will life support NOT be a intervening act

Answer 22

malcherek & steele - switching off life support when someone isn’t brain dead doesn’t break chain of causation

Question 23

novus actus interveniens - V’s own acts

Answer 23

V acts in a reasonably foreseeable way
V refusing medical treatment

Question 24

when is novus actus interveniens not granted (V acts in a reasonably foreseeable way)

Answer 24

Roberts - if the D causes V to react in a reasonably foreseeable way, the chain of causation is NOT broken

Question 25

when is novus actus interveniens not granted (V refusing medical treatment)

Answer 25

Dear - even though V failed to seek medical attention, the wounds were an operating and signification cause of V's death. chain of causation not broken

Question 26

when is novus actus interveniens not granted (natural but unpredictable event)

Answer 26

not removed if D could have prevented the events by taking reasonable steps

Question 27

when is novus actus interveniens granted (natural but unpredictable event)

Answer 27

where V is injured, if the injuries were slight but made worse by some event that couldnt have been predicted or prevented

Question 28

thin skull rule definition

Answer 28

you must take your victim as you find thrm

Question 29

source of thin skull rule

Answer 29

Blaue - refusal of medical treatment will never remove causation upon grounds of public policy