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Actus reus (Causation (Novus Actus Interveniens (police actions (R v…

- - - - Davis - as long as accused conduct was more than a minimal cause - any negligence on part of victim will not be a novus actus interveniens
    - - no breach in chain of causation
  - - - R v Pagett man took girl and mother hostage, armed police followed, police man was shot at, he shot back - the girl was shot by the police and killed - conviction upheld - his firing caused police to fire back back
    - - r v jordan - victim stabbed, taken to hospital,, given antibiotics, allergic- got pneumonia- wounds starting to heal -victim died - no conviction - died of medical treatment
    - - r v Blaue man stabbed women, she required blood traansfusion, refused (due to relgion), died- not novus actus interveniens - egg shell skull rule - need to take victim as you find
- - - - Kaitamakionly realised no consent until after penetration, actus reus was stretched out
    - - someone squatting in house, let cigarette on bed, went on fire, just left - created duty to act
      - creation of risk
- - - - created the risk
        
        r v miller
        
        DPP v Santa-Bermudez
        
        policeman asked if had needles in his pocket, said no, policeman searched him - was pricked - convicted for assault
      - public law duties
        
        r v dytham police officer had duty of care to all of society, walked of because shift had ended, failed to intervene when witnessed man being kicked to death
      - relationship
        
        parent/ child
        
        husband/ wife
        
        DPP v O'Brien
        
        other familial
        
        instan aunt, diseased foot - no action taken to help it - lived at aunts home - that generated duty of care
        
        Stone and Dobinson Stone and mistress took stones sister into the house, sister became bedridden - failed to take proper care - charged with manslaughter - assumed voluntary responsibility of her #
      - contractual duties
        
        R v Pittwood employed by railway company to open and shut railway gate - left gate open - person struck by train - liable for manslaughter
      - legislative
        
        mandatory reporting
        
        problems with criminalising failures to act
        
        selective prosecuting
        
        problems for counsellors
        
        widening of liability
        
        fuzziness of information
        
        creates duty
        
        take steps to prevent it
        
        volunteer information
        
        duties to report crime
        
        pre-1997
        
        for serious crimes (felonies)
        
        no general obligation in Irish law to report a crime
        
        abolished Criminal Law Act 1997 - no felony or misdemeanour distinction
        
        statutes
        
        criminal justice Act 2011
        
        white collar crimes
        
        section 19 - relavent offence
        
        130 offences of dishonesty
        
        all thefts
        
        accounting offences
        
        dishonest use of a computer
        
        any person obliged to report
        
        retrospective effect - can already have information
        
        making false reports is a crime
        
        reasonable excuse
        
        dokie v DPP too vague
        
        maybe includes some legal privileges
        
        large number of submissions people covering themselves
        
        criminal justice act 2012
        
        children
        
        not limited to sexual offences
        
        assault, endangerment, threats to kill
        
        mentally ill adults
        
        primarily sexual offences and assault causing harm
        
        physically disabled adults
        
        primarily sexual offences and assault causing harm
        
        not retrospective - applies to information acquired after act comes into force
        
        defence where child/ vulnerable person / parent / parent does not wish to report crime
        
        reasonableness test
        
        offences against State Act 1998
        
        terrorist crimes
        
        section 9 - knows of material assistance - preventing commission of serious offence, apprehending
        
        serious offence
        
        loss of human life, serious personal injury (other then sexual nature), false imprisonment, serious damage to property)
        
        prison 5 years or more,
        
        no general duty to report other crimes such as rape
      - voluntary assumption
        
        Taktak voluntarily assuming care of another and secluded helpless person from others who could have helped