Actus Reus
- Created by: Launston
- Created on: 13-05-14 09:45
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- Actus Reus
- Type of Actus Reus
- Result eg. the killing of another
- Conduct eg. driving whilst disqualified
- Causation
- Factual
- 'But for' the defendant's actions, would the victim have died?
- R v White - son put poison in his mother's tea but she died of a heart attack before it took effect
- 'But for' the defendant's actions, would the victim have died?
- Legal
- The most culpable and blameworthy conduct
- Pagett - defendant used his girlfriend as a shield and she was shot
- The most culpable and blameworthy conduct
- Factual
- Intervening Acts
- Victim
- Will only break the chain of causation if they are extreme and unforeseeable
- Roberts - woman jumped out of moving car for fear she would get sexually assaulted
- Exception: the thin-skull rule - take your victims as you find them
- Blaue - jehovah's witness refused life-saving blood transfusion
- Will only break the chain of causation if they are extreme and unforeseeable
- Third Parties
- There will be a high standard of negligence in medical cases to relieve the defendant of liability
- This is because the defendant's actions still put the victim in hospital
- Jordan - administration of abnormally large dose of medicine - death by allergic reaction
- The doctor's conduct was 'palpably wrong' and the defendant was relieved of liability
- Cheshire - victim died after complications from a tracheotomy
- The defendant caused the need for the tracheotomy so could not escape liability
- There will be a high standard of negligence in medical cases to relieve the defendant of liability
- Natural Events
- Must be unforeseeable
- Victim
- Omissions: generally do not impose criminal liability but may do if there is a duty to act
- Relationships
- Gibbons and Proctor - the father/daughter relationship imposed a duty to care for the child
- Voluntary assumption of care
- Gibbons and Proctor - the stepmum had fed the child before so had taken on a voluntary assumption of care which must be upheld
- Contract
- If somebody is injured or dies through the defendant's failure to fulfill their contractual obligations, they will be liable
- Pittwood - failed to close the level crossing gates
- If somebody is injured or dies through the defendant's failure to fulfill their contractual obligations, they will be liable
- Dangerous situation
- Miller
- Relationships
- Type of Actus Reus
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