criminal, AR
- Created by: Emma21023
- Created on: 05-05-21 13:42
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- Actus Reus
- Types of AR:
- State of affairs, situation which def is found irrespective of how they came to be in it; drug posession
- surrounding circumstance, circums surrounding the def's conduct criminalises otherwise lawful conduct; ****
- State of affairs, situation which def is found irrespective of how they came to be in it; drug posession
- causation; chain of causation- Wallace, Cheshire (direct cause and indirect cause)
- Factual Causation; but for test (bf def's actions, the events wouldn't have taken place) R v White
- legal causation; policy-driven notions of culpability, resp, foreseeability to select most approp; blameworthy, factual cause as basis for liability, even if not immediate cause of death. blameworthiness, Hughes then reaffirmed in Taylor
- substantial cause; R v Cheshire
- need not be sole or main cause, provided it is a cause; R v Pagett
- intervening acts (novus actus interveniens); something that occurs after the def's act that breaks the chain of causation & relieves def of resp of prohibited consequence. 3 categories:
- not all events that occur after def's act will break CoC; (Cheshire shows) only will break if a) an overwhelming cause of death; and b) an unforeseeable circumstance
- 1. acts of the victim; R v Roberts- makes clear only extreme acts of v will break CoC (thin skull rule?- Blaue)
- 2. acts of third parties; intervening. (PQ- 1. how sig was their contribution to death, 2. whether their actions were foreseeable
- 3. naturally occuring events
- omissions; Eng law req no gen duty to act but situations where liability imposed for failing to act- Duty of Care
- statutory omissions; child neglect (gen req action in situations where inaction would be unreasonable)
- Contract; liable if fail to do what contractually bound to do, even though/if person harmed not a party to the contract. R v Pittwood (PQ- partic job, consider what the contract will oblige him to do & whether his failure to do this contributed to death)
- special relationships; creates duty to act, eg parent/child, hus/wife, doctor/patient. dependance, reliance, resp. Gibbins and Proctor
- voluntary assumption of care; Gibbins and Proctor; (PQ- who started to provide assistance then ceased)
- Dangerous situations
- Types of AR:
- conduct, def's behaviour is prohibited irrespective of whether it leads to negative consequence; fraud
- result, a prohibited consequence irrespective of the way it was brought about; murder
- conduct and result, prohibited outcome that has to be caused in a particular way by specific conduct; arson
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