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Actus Reus

Hayward 1908
(Eggshell rule)
It was held that it was sufficient that accused threatened or chased the victim
who consequently died of heart attack.
Bratty v AG of Northern Ireland
It was held by lord denning that no act is punishable if it is done involuntary.
Involuntary act in this context mean act, which is done by muscles without the
control of mind such as spasm, a reflex action or convulsion. Or an act done by
the person who is not conscious of what he is doing whilst suffering from
concussion or sleepwalking.
Fairclough v whipp
It was held that it is not an indecent act when young girl touches defendant's
penis, at his invitation, as he did not do the indecent act.
M'Naughten
It must clearly be proved that at the time of commission of an act the accused
party was suffering from such a defect of reasoning arising from the disease of
mind. So he doesn’t to know what he was doing.
Causation
Factual cause
White 1910
It was held that the consequence that would have happened just as it did
irrespective of defendants act or omission it is not caused by defendant and
defendant was not liable for the death of victim.
Dyson 1910
It was held by court that it was not necessary to show that D was the sole cause
of the death so long as his actions accelerated the time when the death would
other wise occur.
LEGAL CAUSE
Adams 1957
It was held by Devlin justice that if the dose were given for pain relief as in
accordance with the doctor's duty, it would not be a doctor but the disease,
which was real cause of death. The doctor contribution would be ignored as
negligible.
Benge 1865
It was held that D's contribution was substantial enough to justify attributing
responsibility for the death to him. His contribution
was too substantial to be ignored.

Mckechnie 1992
It was held that defendant is the legal cause of consequence when some
unforeseen happens following to defendants unlawful act.

R v Smith
It was held that if original wound is still operative and substantial cause then
death could properly be said to be result of original wound even if another cause
is still operating. Only if the second cause is so overwhelming that it can make
the original wound merely a part of history then it can be said that death cannot
flow from original wound.

R v Pagett
it was held that if the reasonable act of self defence against the cause the death of
third party then it does not relieve the accused from criminal responsibility for
the death of third party.
R v Cheshire
It was held that bad medical treatment didn’t relieve the defendant from
responsibility.
R v blaue
In this case victim died by refusing for blood transfusion due to religious reason.
It was held by court that defendant must take the victim as he finds him.
R v Roberts
It was held that D was the cause of v's injuries as D act began chain of causation
and her reaction was reasonably foreseeable.
It was also held that chain of causation would be broken only by the victim doing
something daft
Williams and Davis (test)
It was held that V's response was within the range of responses, which might be
expected from a victim placed in a situation, which he was.
Dhaliwal 2006
It was held that where a decision to commit suicide has been triggered by the
physical assault, which represent he culmination of course of abusive conduct, it
would be possible to argue that final assault played a significant role in the
victim’s death.
Finlay 2003
It was held that supplier of drugs would be liable for death of victim because it
was foreseeable that victim would self inject.
Kennedy (no.2) 2007
It was held that the test is not whether victims act was foreseeable but whether it
was voluntary. A free and informed choice to self inject break the chain of
causation. It would not be free and informed if victim lacked mental capacity or
didn’t know of the strength of drug.
Bush v commonwealth
It was held that v died of scarlet fever contracted in hospital following defendant
attack. The D was not held to be cause of death.
R v Corbett
It was held that intervening event will not break the chain of causation if the risk
of it happening was created by or increased by D's act.

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