Criminal Liabilty - AS Law Unit 2

Erin Ashby
Flashcards by Erin Ashby, updated more than 1 year ago
Erin Ashby
Created by Erin Ashby almost 6 years ago
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Flashcards on Criminal Liabilty - AS Law Unit 2, created by Erin Ashby on 05/28/2015.

Resource summary

Question Answer
Burden of Proof beyond reasonable doubt
WHAT IS THE ACTUS REUS? usually a voluntary act (hill v baxter and state of affairs when not) sometimes a failure to act eg. omission
Involuntary acts Larsonneur and Winzer v Chief constable of kent
statutory duty RTA S6 1988 - FAILURE TO GIVE A SEPCIMIN OF BREATH AT ROADSIDE
Contractual duty pittwood
duty due to relationship gibbins and proctor
duty taken on voluntarily stone v dobinson
official position duty dytham
duty due to d setting in motion a chain of events miller
Factual Causation 'but for' paggett and white
legal causation smith - operating and substantial cause de minimus - kimsey
Intervening acts novus actus intervenus, 3rd party(medical), victims own act(roberts/williams), unforseeable event(Puma).
Thin Skull rule take your victim as you find them - blaue
medical treatment only break if act is so poten and palpably wrong. grossly bad = not forseeable. cheshire, jordan and malcharek
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