1 concept Of Liability cases Flashcards
State of affairs
Larsonneur
Illegally in the uk
Hill v Baxter
A driver losing control of his vehicle
Bees, heart attack, stone
Not acting voluntarily
R v gibbins and proctor
Deliberately starved child
Owed duty of care as parents
Guilty of murder
R v stone and dobinson
Stones I’ll & elderly sister
Unable to care for herself and died
Manslaughter as they voluntarily undertaken a duty of care and failed to do so or common help
R v Dytham
Police officer witnessed attack but failed to intervene or call help
Drove away from scene
Guilty of misconduct
Duty of care as a public officer to protect public
R v pittwood
Close gate
Killed one person and another injured
Guilty of manslaughter
Duty of care through contract of employment
R v Miller
Squatter started fire Left room didn't attempt to put fire out or summon help Dangerous situation Guilty of arson Failed to act and had a duty
Statutory duty
Statute imposes duty, breach of duty makes out actually rues under s170 Road Traffic Act 1988 failing to stop at road accident is a criminal offence
R v white
Cyanide in mothers drink intending to kill
Died before drank
D was not guilty as he did not cause death
But for D’s actions v would of died anyway
Strict liability
Statute law?
Common law?
Health & safety at work act 1974
Lemmon v gay news (blasphemy)
Harrow lbc v shah
Sold lottery ticket to 13 yo without asking proof of age
D guilty
Alphacell ltd v woodward
River (protection of pollution) act 1951
D guilty as they caused poisonous, noxious or polluting matter to enter river
D did not know but still guilty
Smedleys v breed
Cans of peas
Caterpillar
Food and drugs act 1955
Company hadn’t taken all reasonable care to avoid event
Sweet v parsley
D rented farmhouse
Cannabis found
D was not guilty no men’s rea
Offence will not be strict liability if truly criminal
