Actus Reus

What is the general principle for AR?

Where the ar is defined so as to require conduct on the part of the accused, the conduct must be voluntary.

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Can AR be committed by an omission?

Yes, if there is a positive duty to act.

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What did Pittwood establish?

A positive duty arising out of a contract, where failure to fulfil a contractual obligation is likely to endanger lives.

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What did Gibbons and Proctor establish?

The existence of a close relationship can give rise to a duty to act. (parents and children,spouse and spouse)

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What did Instan, Stone and Dobinson and Ruffell establish?

Situations where a person voluntarily undertakes to care for another who is unable to care for himself;whether from infancy,mental illness or infirmity.

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What did Miller establish?

Where D has created the dangerous situation himself he would be under a positive duty to act.

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What is factual causation and the authority for it?

D can't be considered the cause of event if event would have occurred the same without D's act/omission. P need to prove BUT FOR D's a/o event wouldn't have occurred. White.

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What did Dalloway establish?

Legal causation (LC) the consequence must be attributed to a culpable act.

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What did Pagnett establish?

LC - the culpable act must be more than a minimal cause of the consequence (substantial.)

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What did Benge establish?

LC - The culpable act need not be the sole cause.

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What did Hayword and Blaue establish?

LC - Take your V as you find him. Pre-existing medic condition - Hayword and mental con/religious belief - Blaue.

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What is the rule regarding 3rd party intervention with LC and what authority?

Pagnett, the chain of causation mustn't be broken, if a 3rd P intervenes after initial a/o of accused but before consequences occurred that intervention if FREE,DELIBERATE AND INFORMED., LC wont be established.

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What did Cheshire establish?

LC -Neg medical treatment will only break chain of C if it is so independent of accused actions, so potent in causing death that makes A's act insignificant.

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What did Latif establish?

LC - intervention by 3rd P, D won't be liable if 3rd P intervening act is either FDI, or if the act was not r.f.

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What did Kennedy no 2 establish?

LC - Free, deliberate and informed decision (FDI)

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Actus Reus

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