MR, recklessness and causation Flashcards
(26 cards)
What is in this topic?
duties
omissions
causation
criminal damage
Types of duties + cases
Contractual - pitwood
created dangerous situation - miller and evan’s
vol accepted - stone and dobinson
parental
R v Evan’s
Created dangerous situation duty
R known or ought to ahve known would lead to death
Types of causation?
Factual - but for
legal - significant and salient (substantial and operative)
NAIs
cases for factual causation
Dalloway - but for neg driving still would have killed child
Broughton - if not beyond R doubt V would’ve substantially prolonged life if D got help then D liable
legal causation
Substantial and operating cause
(not insubstantial and has a continuing part of story)
operating sub tests
not too remote and RF
NAIs
unforseeable natural event
foreseeable natural event - harlots case
act of victim
medical intervention
cases for act of victim
R (Kennedy)
R v Field
r v rebelo
cases for non independent act of victim
Robert’s
R v A
cases for medical intervention
Jordan
BW
R (Kennedy)
free deliberate and informed choice so D not liable
R v Field -
acted like he would look after V so changed nature of act even if free deliberate and informed from V
R v Rebelo
weight loss drugs case
V bad history of ED and mental health so D liable even though FDI
Roberts
jumped out of car
not free enough to choose so Vs actions weren’t daft enough to break chain
R v A
Hard shoulder stop case
driver of truck asleep so D not liable
Jordan
Acts of doctors need to be palpably bad
BW
euthanasia didn’t break chain
cases for omissions
Blaue
Hughes
Blaue
jehovah’s witness - not enough
Reckless case
R v G and R
R v G and R
did D see risk of X subjectively
did D take risk
objectively unR to do so in circumstances
R v Parker
wilful ignorance no defence
Dsouza
true acts and omissions need contextually remarkable behaviour- not upholding these needs criminality
