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31 Cards in this Set
- Front
- Back
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Actus Reus
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it can be an act-s47 oapa
an omission-d must be under a legal duty to act a state of affairs-Winzar |
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Bratty
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Conduct must be voluntary
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Bell
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Automatism examples-
swarm of bees sudden blinding pain black out vehicle failure |
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Automatism
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total loss of control caused by an external factor
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Pittwood
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Contractual duty used to impose liability where a breach endangers the public
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Airedale NHS Trust v Bland
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doctors are under a duty to their patients
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Dytham
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duty can arise out of a public office
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Gibbins & Proctor
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parent owes a legal duty to their child
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Smith 1826
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no legal obligation for one brother to feed the other
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Hood
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spouses owe a legal duty to another
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Stone & Dobinson
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if a person voluntarily undertakes the responsibility to care for another who is dependant on them then he is under a continuing duty to act
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Khan & Khan
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duty is at minimum to summon medical assistance
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Miller
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if d creates a dangerous situation he is under a duty to take reasonable steps to prevent further damage
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Fagan
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failure to move a car off a PC's foot was sufficient under Miller for a conviction
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Santa-Bermudez
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where d creates the danger, he is under a duty to warn another of the risk
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White
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D must in fact cause the result
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Dalloway
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the culpable element must be attributable to D's act or omission
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Smith
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legal causation - was D's action an operating and substantial cause
Thoroughly bad medical treatment was not a NAI |
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Pagett
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it being enough that his act contributed significantly to the result
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Perkins
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extraordinary/unforeseeable/abnormal events/acts of god will break the chain of causation
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Latif
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free deliberate and informed conduct of a third party may break the chain of causation
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Malcherek & Steel
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switching off the life machine where v was originally criminally injured by D is not a NAI. poor medical treatment is not a NAI
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Roberts
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was v's reaction objectively reasonably foreseeable
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Marjoram
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might reasonable person have foreseen the V's reaction
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Williams
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if v's reaction is daft it will break the chain of causation
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Holland
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it is reasonably foreseeable that V will not use the best treatment
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Dear
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even where v had deliberately not been treated his original wounds were still an operating and substantial cause
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Kennedy
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if D supplied V with drugs and v self injected, where v is an informed adult and v dies, D is not guilty of unlawful act manslaughter
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Hayward
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criminal law adopted the doctrine of the thin skull rule
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Thabo Meli
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mens rea and actus reus must coincide in time
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Lebrun
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if d's conduct is a series of acts forming one transaction then MR at any time in the sequence will suffice
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