Actus Reus Cases Flashcards
(14 cards)
What legal principle comes from Hill v Baxter ? (Duty)
Automatism: the action must be voluntary for it to count as an actus reus (involuntarily is due to external factors)
What legal principle comes from R v Pittwood ? (Duty)
Omission of action when there was a contractual duty
What legal principle comes from R v Gibbins & Proctor ? (Duty)
Omission of action when there was a relationship duty
What legal principle comes from R v Stone & Dobinson ? (Duty)
Omission of action when there was a voluntary assumption of duty
What legal principle comes from R v Instan ? (Duty)
Omission of action when there was a voluntary assumption of duty
What legal principle comes from R v Miller ? (Duty)
Omission to act when they have created danger
What legal principle comes from R v White ? (Causation)
“But for” test, would the consequence still have come about ‘if not for’ the defendant’s actions
What legal principle comes from R v Dalloway ? (Causation)
Defendant’s actions must be substantial towards bringing about the consequence
What legal principle comes from R v Benge ? (Causation)
Defendant’s actions don’t have to be the only cause, only a substantial one
What legal principle comes from R v Roberts ? (Causation)
Reasonable response from the victim
What legal principle comes from R v Williams & Davies ? (Causation)
Unreasonable response from the victim
What legal principle comes from R v Blaue ? (Causation)
You must take your victim as you find him
What legal principle comes from R v Jordan ? (Causation)
3rd party negligence must be substantial to sever the defendants causation
What legal principle comes from R v Smith ? (Causation)
So long as wound is primary cause of death fault lies on the defendant