Created by Erin Ashby
over 9 years ago
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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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