actus reus mindmap
- Created by: Area16
- Created on: 09-11-20 14:58
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- Actus Reus
- 2 GENERAL PRINCIPLES
- VOLUNTARY
- EXCEPTION-STATE OF AFFAIRS
- Winzar v CCoK
- Hill V Baxter
- EXCEPTION-STATE OF AFFAIRS
- POSITIVE
- EXCEPTION- OMISSION
- R V Pitwood
- EXCEPTION- DUTY TO ACT
- Relationship-Gibbins and Proctor
- Voluntary assumption of care- Stone and Dobinson
- Contractual- R V Dytham
- Creation of a dangerous situation- Miller
- EXCEPTION- OMISSION
- VOLUNTARY
- CAUSATION
- FACTUAL
- But For test
- Paggett
- But For test
- LEGAL
- Operating and substantial cause
- R V Kimsey
- Unbroken chain of events
- NOVUS ACTUS INTERVENIENS
- 1. Actions of a 3rd party- R V Paggett
- sufficiently independant and unforseeable, intent to exploit situation
- 2. NMT- Smith & Cheshire
- So overwhelmingly bad
- 4. Neglect of the victim- R V Holland
- never classed as a supervening act even where unreasonable
- 5. Conditions of the victim- Blaue
- Thin skull- D must take V as he finds them. Never breaks chain
- 6. OUTSIDE OF NAI-switching off life support- Airedale NHS Trust V Bland
- So significant and unforseeable that is has become the operating cause of criminal consequence
- 1. Actions of a 3rd party- R V Paggett
- NOVUS ACTUS INTERVENIENS
- Operating and substantial cause
- FACTUAL
- 2 GENERAL PRINCIPLES
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