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What legal issue arises when a terminally ill family member requests not to receive help with their condition?
What legal issue arises when a terminally ill family member requests not to receive help with their condition?
In the case of R v Smith, what was the crucial factor the jury had to consider regarding the wife's decisions?
In the case of R v Smith, what was the crucial factor the jury had to consider regarding the wife's decisions?
What was the outcome for the defendant in R v Smith after the jury's deliberation?
What was the outcome for the defendant in R v Smith after the jury's deliberation?
What might allow a defendant to be released from a duty to act according to the trial judge's instructions?
What might allow a defendant to be released from a duty to act according to the trial judge's instructions?
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What type of relationship was acknowledged in relation to the duty to act in R v Smith?
What type of relationship was acknowledged in relation to the duty to act in R v Smith?
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Which of the following cases is mentioned as relevant in determining when a defendant might be released from a duty to act?
Which of the following cases is mentioned as relevant in determining when a defendant might be released from a duty to act?
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What possible consequence could arise if a caretaker overrides a terminally ill person's wishes?
What possible consequence could arise if a caretaker overrides a terminally ill person's wishes?
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What does the inability of the jury to reach a decision in R v Smith imply about legal duties?
What does the inability of the jury to reach a decision in R v Smith imply about legal duties?
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What condition was Tony Bland diagnosed with after the Hillsborough disaster?
What condition was Tony Bland diagnosed with after the Hillsborough disaster?
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Why did Tony Bland's doctors apply for court permission regarding his treatment?
Why did Tony Bland's doctors apply for court permission regarding his treatment?
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What duty does Sandra have in relation to Muriel?
What duty does Sandra have in relation to Muriel?
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What was a significant outcome of the court's decision in Tony Bland's case?
What was a significant outcome of the court's decision in Tony Bland's case?
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Under what circumstance can Dhruv be held criminally liable?
Under what circumstance can Dhruv be held criminally liable?
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What did the court's decision state regarding patients who refuse life-saving treatment?
What did the court's decision state regarding patients who refuse life-saving treatment?
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What was the result of Sandra's failure to attend Muriel's appointments?
What was the result of Sandra's failure to attend Muriel's appointments?
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Which of the following reasons justified the court's decision to allow discontinuation of treatment for Tony Bland?
Which of the following reasons justified the court's decision to allow discontinuation of treatment for Tony Bland?
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What action could Dhruv have taken to avoid liability?
What action could Dhruv have taken to avoid liability?
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What does the contractual duty of care imply for doctors?
What does the contractual duty of care imply for doctors?
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Which situation does NOT impose a duty to act according to the content?
Which situation does NOT impose a duty to act according to the content?
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In what scenario can doctors discontinue treatment without court permission?
In what scenario can doctors discontinue treatment without court permission?
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What was Dhruv's initial action that created a dangerous situation?
What was Dhruv's initial action that created a dangerous situation?
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What is the significance of the case R v Miller in relation to omissions?
What is the significance of the case R v Miller in relation to omissions?
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What was the professional relationship criterion under which doctors hold their duty of care?
What was the professional relationship criterion under which doctors hold their duty of care?
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Which of the following best describes the term 'contractual duty' in the context of care?
Which of the following best describes the term 'contractual duty' in the context of care?
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What was the reason for quashing the defendant's conviction in the appeal?
What was the reason for quashing the defendant's conviction in the appeal?
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In the context of causation, what is a key difference established by the Court of Appeal regarding medical treatment?
In the context of causation, what is a key difference established by the Court of Appeal regarding medical treatment?
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What was specifically mentioned about the medical treatment in the case of R v Smith?
What was specifically mentioned about the medical treatment in the case of R v Smith?
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What medical complication ultimately led to the victim’s death in the case discussed?
What medical complication ultimately led to the victim’s death in the case discussed?
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What overarching concept did later cases emphasize regarding the case of Jordan?
What overarching concept did later cases emphasize regarding the case of Jordan?
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What was the defendant's argument regarding the medical treatment in the R v Smith case?
What was the defendant's argument regarding the medical treatment in the R v Smith case?
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What was one of the key findings of the Court of Appeal regarding normal medical treatment?
What was one of the key findings of the Court of Appeal regarding normal medical treatment?
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What characterized the decision-making of the Courts-Martial Appeal Court in R v Smith?
What characterized the decision-making of the Courts-Martial Appeal Court in R v Smith?
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What was a significant consequence suffered by the victim after his coma?
What was a significant consequence suffered by the victim after his coma?
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Under what legal circumstance was the victim's wish for euthanasia granted?
Under what legal circumstance was the victim's wish for euthanasia granted?
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What does the court consider when evaluating whether voluntary euthanasia breaks the chain of causation?
What does the court consider when evaluating whether voluntary euthanasia breaks the chain of causation?
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In what scenario might a third party's intervention break the chain of causation?
In what scenario might a third party's intervention break the chain of causation?
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What was the jury's conclusion regarding the defendant in the euthanasia case?
What was the jury's conclusion regarding the defendant in the euthanasia case?
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How does a police officer's instinctive action affect the assessment of liability?
How does a police officer's instinctive action affect the assessment of liability?
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What principle summarizes the liability of a defendant when a third party intervenes?
What principle summarizes the liability of a defendant when a third party intervenes?
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What type of injury could potentially trigger a request for euthanasia?
What type of injury could potentially trigger a request for euthanasia?
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What must be established to prove factual causation in result crimes?
What must be established to prove factual causation in result crimes?
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Which of the following describes legal causation in criminal law?
Which of the following describes legal causation in criminal law?
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Which scenario is likely to break the chain of causation?
Which scenario is likely to break the chain of causation?
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What does the eggshell or thin skull rule imply in legal terms?
What does the eggshell or thin skull rule imply in legal terms?
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Considering Timothy's case, what would the 'but for' test demonstrate?
Considering Timothy's case, what would the 'but for' test demonstrate?
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What is the appropriate charge for Timothy given the circumstances surrounding Elizabeth's death?
What is the appropriate charge for Timothy given the circumstances surrounding Elizabeth's death?
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What kind of events can break the chain of causation?
What kind of events can break the chain of causation?
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Which aspect must be true for a person's conduct to be an actual result in legal terms?
Which aspect must be true for a person's conduct to be an actual result in legal terms?
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Study Notes
General Principles: Actus Reus
- Actus Reus is one of the three key components for criminal conviction
- Actus non facit reum nisi mens sit rea: an act does not make a man guilty of a crime, unless his mind is also guilty.
- Guilty conduct by the defendant (actus reus)
- Guilty state of mind (mens rea)
- Absence of valid defence
Learning Outcomes
- Analyse the definition of a crime and understand the concept of actus reus, including the rules of legal and factual causation.
- Explain the law relating to acts, omissions and states of affairs.
Introduction
- Proving the elements of criminal offences.
- Actus reus, mens rea, absence of valid defence are usually required for conviction.
- Actus reus: guilty conduct of the defendant
- Mens rea: guilty state of mind of the defendant.
General Principles of Actus Reus
- Actus reus of every offence is different and may be found in statute or case law.
- Actus reus generally involves anything in the crime's definition except state of mind, or possible defence.
Types of Crimes
- Criminal liability usually requires a positive act by the defendant.
- Actus reus can be established by proving action, failure to act, or a state of affairs.
- A crime can require an act, circumstance, or a consequence.
Conduct Crimes
- For most offences, the actus reus requires conduct.
- An example would be perjury, where the defendant makes a false statement under oath.
- The defendant's action is criminalised, not the outcome that results from the action.
Result Crimes
- Result crimes require a consequence to follow from the defendant's behavior.
- Examples include criminal damage (property must be damaged) and murder (victim must die).
- Causation issues are relevant.
States of Affairs Crimes
- Actus reus is satisfied simply by the existence of a state of affairs or circumstance.
- No conduct is required; an example would be being found in the UK illegally.
- Liability imposed based on circumstances, not personal choice.
Liability for Omissions
- Usually requires positive acts, but sometimes offences can be committed by failing to act.
- Examples include road traffic offences (failing to stop at a red light or after an accident).
- There's no general legal duty to help someone in trouble, making this uncommon.
Exceptions to the General Rule: Special Relationships
- Parent has a duty to care for their child.
- Close cohabitation relationship may establish a duty to act.
Voluntary Assumption of Care
- A person who voluntarily undertakes care of another has a duty to act.
- Includes situations where someone is unable to care for themselves (infancy, illness).
Contractual Duty to Act
- Contract specifying obligations to act can create a duty.
- Examples include medical staff, emergency services, and lifeguards.
- A breach can result in criminal liability.
Creation of a Dangerous Situation
- If a person creates a dangerous situation and is aware of it, they potentially have a duty to act.
- Example: parking a car on a hill without handbrake.
Causation
- Causation is critical in result crimes; the prosecution must prove that the accused's action caused the prohibited consequence.
- 2 elements to establish causation:
- Factual causation (but for test)
- Legal causation (substantial and operating cause)
Factual Causation
- But for the defendant's actions, the result would not have happened.
Legal Causation
- The defendant's conduct must be a substantial and operating cause of the consequence.
- It is a more complex but critical component of establishing criminal liability.
Intervening Events
- Intervening acts can break the chain of causation if they are not reasonably foreseeable.
- Medical treatment, victim's actions, or third-party intervention are possibilities.
Voluntary Acts
- Criminal liability depends on voluntary conduct.
- Acts caused by reflexes or involuntary actions typically do not incur criminal liability.
Voluntary Acts
- Criminal liability depends on voluntary conduct.
- Acts are typically judged based on voluntariness rather than a reflexive response.
Summary
- Actus Reus is one of three elements in criminal convictions.
- Actus Reus considers conduct, circumstance, or consequence(s).
- Specific exceptions to the general rule apply, such as special relationship, etc.
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Description
This quiz explores the principles of actus reus within criminal law. Participants will analyze the definition of a crime and the essential components required for conviction, including the distinction between actus reus and mens rea. Gain a deeper understanding of legal causation and the implications of guilty conduct.
