Actus Reus - Full Case Sheet

Including Actus Reus, Omissions and Causation.

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  • Created on: 04-04-13 21:01
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An actus reus must be a voluntary act
Hill v Baxter D's car collided with another; he Judge stated that involuntary
claimed he had become overcome driving could be caused by a
with an unknown illness. knock to the head or being stung
by a swarm of bees or a heart
State of affairs
Larsonneur 1933 D ordered to leave the UK. She was It does not matter that an act is
deported to Eire, Ireland but Ireland involuntary when it comes to a
deported her back to the UK. She state of affairs.
was brought back to England
unvoluntarily but charged.
Winzar 1983 Drunken homeless man was being a Involuntary act
nuisance in a hospital and was taken
by police into their car. Police car
parked on public highway- charged
with being drunk on public highway.
Exceptions to Omissions
S170 Road Traffic Act Failure to report an accident Statutory Duty
Pittwood 1902 D was a gatekeeper for level Contractual Duty (more owed to
crossing. Left gate open and a cart employers than the public)
was hit by train.
Gibbons and Proctor D and new wife starved D's Relationship Duty of Care- father
1918 daughter to death. Both convicted of Voluntary Assumed Duty-step
murder. mother
Stone and Dobinson Stone's elderly sister came to live Duty of Care- Stone
1977 with them. D1 & 2 occasionally Voluntary Assumed Duty -
helped her but Fanny died of Dobinson

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D1 & D2 Guilty of
Evans 2009 Heroin addict V lived with mother Duty of Care- Mother
and half sister. Half sister bought Created State of Affairs-
heroin and V self injected. V Half-sister
overdosed but mum or step sister
did not summon help and put her to
bed. V died. Mother and half sister
convicted of GN Manslaughter.…read more

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Khan and Khan D's supplied heroin to user who Law is capable of expanding to all
collapsed in their presence. D's left sorts of new situations which could
her alone and when they returned V make the law uncertain.
was dead. Conviction for Unlawful E.G. in Evans the sister gave heroin
Act Manslaughter quashed but CoA to V who overdosed and was said
said there could be a duty to to have created a state of affairs.
summon medical assistance.…read more

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White 1920 D put cyanide in mothers drunk `But for' D's actions of poisoning
intending to kill her. Mother died but the drink would V have died? Yes.
Intervening Event of a heart attack before drinking the D's acts did not have a direct link to
drink. the death ; D convicted of
attempted murder.
Legal Causation
Kimsey 1996 D lost control of car and killed other "something more than a slight or
driver.…read more

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V died in
Malcherek 1981 D stabbed wife in stomach; V put on Judge refused to allow causation-
life-support. V was brain dead and Life support machines are not
machines switched off. D was charged intervening events.
with murder.
Refusing Treatment
Blaue 1975 V stabbed by D. V needed blood Take your victim as you find
transfusion but refused on the grounds them
she was a Jehova's Witness. V died. D
convicted of murder.
Holland 1841 D deliberately cut Vs finger.…read more

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Roberts 1971 D made sexual advances towards V in The victims own act will not
car. V jumped out of car whilst moving break chain of causation if D
20-30mph and became injured. caused the victim to act in a
foreseeable way.
Majoram 2000 D and others kicked at V's hotel room D caused the victim to act in a
door. They forced door open and V foreseeable way.
jumped from window and suffered
serious injuries. D convicted.…read more


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