criminal law actus reus flashcards
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| Larsonneur | D charged "alien refused leave to land" even though arrived involuntarily. Actus reus must be voluntary - this case is rare exception ("state of affairs")
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| Fagan v MPC | D refused to move car wheel off policeman's foot - assault. OMISSIONS Normal rule is that an omission cannot make a person guilty of an offence. Crime must be capable of being committed by omission
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| Pitwood | Railway keeper omitted to shut gates, person killed. OMISSION EXCEPTION (CONTRACTUAL DUTY) D had contractual duty to keep gate shut
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| Gibbins & Proctor | Father and partner breached parental duty of care - daughter died. OMISSION EXCEPTION (RELATIONSHIP) Duty because of a relationship
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| Stone & Dobinson | D cared for sister in his home - died of malnutrition OMISSION EXCEPTION (VOLUNTARY UNDERTAKING OF A DUTY) D had assumed a duty by caring for his sister
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| Dytham | Police officer failed to intervene or take steps to help V being kicked to death. OMISSION EXCEPTION (OFFICIAL POSITION) As a policeman D should have taken some action
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| Miller | Squatter set fire to mattress and did nothing to put it out or take reasonable steps to deal with it. OMISSION EXCEPTION (CHAIN OF EVENTS) Duty arising from D causing a dangerous chain of events
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| DPP v Santana Bermudez | Policewoman injured by needle as D failed to tell her was in pocket. OMISSION EXCEPTION (CHAIN OF EVENTS) D created dangerous situation so could not omit to act
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| Lowe | Father of baby took small steps, omitted to completely help - baby died of illness OMISSION. Unlawful act manslaughter must be an 'act' not omission
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| Airedale NHS Trust v Bland | Victim of hillsborough disaster in vegetative state for 3 years - doctors got permission to stop feeding him. OMISSION THAT DOES NOT COMPLETE ACTUS REUS Discontinuation of treatment by doctors is not an offence if in the best interests of the patient
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| Khan and Khan | D's supplied heroin to new user who collapsed and they left her alone, she died. CA quashed conviction. OMISSIONS DEVELOPMENT Problems when duty exists. CA expanding situations - fail to get medical assistance could be an offence
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| White | Son poisoned mother's drink intending to kill her - died of heart attack before FACTUAL CAUSATION. D's conduct must have been the factual cause of consequence
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| Pagett | D used pregnant gf as shield she was killed by police fire. "BUT FOR" TEST. Would outcome be the same "but for" Ds actions?
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| Kimsey | D killed V in car chase where D lost control. LEGAL CAUSATION. 'More than a minimal' cause (e.g. where there are a number of contributing acts to the consequence). More than trifling link
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| Blaue | Victim Jehova's witness refused blood transfusion - later died. "THIN SKULL" RULE. D must take V as he finds him
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| Smith | Stabbed soldier given poor treatment at hospital - 75% affected chances. INTERVENING ACTS. Medical treatment breaks chain if so independent of D's acts. Injury operating and substantial cause
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| Jordan | Victims wounds healing well, given allergic drug in hosp twice - died of reaction = broke chain of causation D acquitted. INTERVENING ACTS. Doctors action's can be intervening act if 'in itself so potent of causing death'
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| Cheshire | V given tracheotomy in hospital caused complications - V died. INTERVENING ACTS. D's actions need not be the only or main cause of death. D's acts contributed significantly
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| Malcherek | Wife stabbed by husband, life support switched off when declared 'brain dead'. INTERVENING ACTS. If declared brain dead, switching off life support machine is not an intervening act to break chain
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| Roberts | V jumped from car to escape sexual advances from driver, 20mph, GUILTY. INTERVENING ACTS. D guilty if causes V to react in a forseeable way
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| Marjoram | D's shouted abuse through door, V escaped by jumping from window. INTERVENING ACTS. D liable if V's action was reasonably foreseeable
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| Williams | Hitchhiker jumped from D's car to avoid theft of wallet, 30mph NOT GUILTY Ds own action broke chain of causation INTERVENING ACTS. Chain may be broken if victims reaction was unreasonable. Actions in proportion to threat
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| Dear | V slashed with stanley knife, didn't get wounds cared for and possibly opened wounds further- died of blood loss. CA GUILTY. INTERVENING ACTS. Wounds still significant and operating cause. Should D be liable for death when V does not get treatment?
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