General Elements

Question 1

Actus reus

Answer 1

Guilty act
Must be voluntary for there to be fault/ crime R v hill and Baxter

Question 2

Conduct crime

Answer 2

Conduct itself amounts to crime eg statutory offences

Question 3

Consequence crime

Answer 3

Must be consequence for there to be offence

Question 4

State of affairs

Answer 4

D can be guilty by just finding themselves in a state of affairs
R v larsonneur

Question 5

Omission

Answer 5

Usually ar is an action but can be a failure to act

Question 6

R v Pitt wood

Answer 6

Duty to act arises from contractual duty

Question 7

R v gibbons and proctor

Answer 7

Duty arises from relationship

Question 8

R v dobson and stone R v Evan’s

Answer 8

Duty arises from assumption of that duty

Question 9

R v Evan’s and R v miller

Answer 9

There is a duty bc d set in motion chain of events

Question 10

R v dytham

Answer 10

Duty arose from Ds official position

Question 11

Causation

Answer 11

Factual and then legal.
Factual has to be proven first

Question 12

Factual

Answer 12

But for test r v paggett and r v white

Question 13

Legal causation

Answer 13

Chain of causation can’t be broken
D must be substantial and operating cause in final injury

Question 14

Chain of causation

Answer 14

Must be an unbroken ‘chain’ between ds action and the final consequence

Question 15

R v Kimsey

Answer 15

Chain of causation d conduct must be more than minimal

Question 16

What can break coc

Answer 16

Act of third party
Victims own act
Unpredictable act of nature

Question 17

Act of third party

Answer 17

Usually medical negligence
R v smith de minimus
R v Jordan medical conduct must be palpably wrong
R v Cheshire must be so bad it renders defendants act insignificant

Question 18

Act of victim

Answer 18

Victim must act unforseeably and unexpectedly
R v Robert’s jumping out of car in fear of SA understandable
R v William’s jumping out in fear of being pickpocketed isn’t