Other questions in this quiz

2. What is factual causation?

  • The defendant must be the cause in law of the consequence. R v Smith established the operating and substantial cause test.
  • The defendant must be 'in fact' the cause of the consequence. R v Smith established the 'but for' test.
  • The defendant must be 'in fact' the cause of the consequence. R v White established the 'but for' test.
  • The defendant must be the cause in law of the consequence. R v White established the operating and substantial cause test.

3. What is a voluntary act?

  • Hill v Baxter - if the D has not committed the act or omission voluntarily, he has not committed the actus reus at all.
  • Collins v Wilcock - if D has committed the act or omission voluntarily they can not have the mens rea.
  • Hill v Baxter - if D has committed the act or omission voluntarily, they do not have the mens rea.

4. What are the 5 exceptions to the general rule of omissions with cases

  • A contractual duty - Pitwood, Because of a relationship - Gibbins and Proctor, Taken on voluntarily - Stone and Dobinson, Official position - Dytham, set in motion a series of events - Miller
  • Contractual duty - Pitwood, Because of a relationship - Gibbins v Proctor, Taken on voluntarily - Stone v Dobinson, Official position - Dytham, set in motion a series of events - Miller
  • Contractual duty - Pitwood, Because of a relationship - Stone and Dobinson, Taken on voluntarily - Gibbins and Proctos, Official position - Dytham, set in motion a series of events - Miller
  • Contractual duty - Pitwood, Because of a relationship - Gibbins v Proctor, Taken on voluntarily - Stone v Dobinson, Official position - Miller, set in motion a series of events - Dytham

5. What is legal causation?

  • The defendant must be 'in fact' the cause of the consequence. R v White established the 'but for' test.
  • The defendant must be the cause in law of the consequence. R v White established the operating and substantial cause test.
  • The defendant must be the cause in law of the consequence. R v Smith established the operating and substantial cause test.
  • The defendant must be 'in fact' the cause of the consequence. R v Smith established the 'but for' test.

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »