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Actus Reus (Causation (Factual Test (R v. White 1910 (Poisoning mother but…

- - - - Poisoning mother but she died of a heart defect
      - Not the factual cause
      - Guilty of attempted murder
    - - Pregnant girlfriend used as a human shield
      - But for Pagett firing would she have died
      - Convicted of manslaughter
  - - - 'More than a minimal cause
      - Doesn't have to be the main cause
      - Other parties may have to be involved
    - - Acts of the Victim
        
        Self Neglect Rule
        
        Holland
        
        Victim attacked with an iron bar
        
        Victim refuses but goes back later when it is too late and dies
        
        If the victim delays treatment it doesn't break the chain of causation
        
        If they do something that isn't within the range of responses they could break the chain of causation
        
        Roberts
        
        Girl jumps out of a car
        
        Williams and Davis
        
        'Within the range of responses'
        
        Hitchhiker jumped out of a car, found dead
      - Act of a 3rd person
        
        Actions must overwhelm the defendant's actions
        
        Negligence of doctors must be very severe
        
        Smith
        
        Soldier dropped, stabbed in the lung
        
        Medics made it worse
        
        Attacker still convicted of murder
        
        Chesire
        
        Needed throat tube
        
        Victim died of complications
        
        Chesire remains responsible
        
        'Extraordinary'
        
        Jordan
        
        Allergic reaction to antibiotics
        
        Doctors held as intervention an convicted
      - Act of God
        
        Natural yet unpredictable event could prevent liability
        
        Lightning strike or falling tree
      - Could prevent the defendant from being liable if unexpected or extrodinary
- - - - Swarm of Bees
      - Hit by a stone
      - Heart attack or seizure
- - - - R v Pittwood 1902
        
        Rail Gate
        
        Duty to act and therefore responsible
    - - When the defendant creates a dangerous situation
      - Miller 1983
        
        Mattress fire
        
        Convicted of arson
    - - Special relationship with the victim
      - Husband and Wife/Parent and Child
      - Gibbins and Procter 1918
        
        Child from previous relationship
        
        Starved to death
    - - Person voluntarily assumes responsibility of another person
      - Stone and Dobinson 1977
        
        Anorexic sister
        
        Convicted of manslaughter
    - - Duty arising out of their jobs
      - Dytham
        
        Policeman outside of a nightclub
        
        Charged with misconduct in a public office