Actus Reus Cases Flashcards
Hill v Baxter
if a swarm of bees flew through a car window and D lost control of the car and committed a motoring offense, they would not be guilty as the act would be purely involuntary.
R v Mitchell
d tried to jump the que at a post office and was challenged by an old man he then pushed the old man who fell and landed on an old woman who broke her leg and later died from the shock. The old man was not guilty of any criminal act but the d who pushed him was convicted of manslaughter
Larsoneeur
D was ordered to leave the UK to Ireland in Ireland deported her back to the UK where she was arrested and charged as being an alien. She was convicted and the courts said that that it was irrelevant that she was deported back to the UK against her will
Merchant and muntz
a farmer drove an agricultural vehicle with two large spikes down a road when he collided with a motorcyclist who was impaled and died. There was a consequence of death but there was no crime as D was driving legally
Gibbons and proctor
7-year-old girl who was kept away from her father’s other children and deliberately starved to death. Both the farther and step mum had a duty to care when agreeing to live with her. The omission (failure to feed her) was the actus reus for her murder.
Dytham
police officer witnessed the v being thrown out of a nightclub and a fight breaking out in which the v was kicked to death by 3 men. He decided not to act because he was going off duty. The omission was failure to act through his official position
Santa burmudez
police woman asked whether the d had any sharp objects in his pockets he said no even though he had a needle which stabbed her in the hand and injured her. His omission was failing to notify the police officer about the needle even though he knew it was creating a dangerous situation
Pitwood
railway crossing keeper failed to shut the gates when he went on his lunch- someone crossing the line was struck by a train and died. The man was guilty of gross negligence manslaughter as he had a contractual duty.
Stone and dobbinson
defendants elderly sister came to live with them and stayed in her room for several days and failed to eat, the family didn’t seek medical help while she was deteriorating and later died of malnutrition. Both were convicted of gross negligence manslaughter as they had a voluntary duty of care when they agreed to live with her.
Miller
was living in a squat when he fell asleep while smoking a cigarette and set his mattress on fire. He was woken up by the smell and went to sleep in another room instead of attempting to put the fire out. He was found guilty of failing to take reasonable steps to deal with the situation he had caused
Evan’s
supplied heroin to her sister who self-injected she overdosed but her mother and sister didn’t seek medical help. They put her to bed and hoped she would recover. The omissions were through a chain of events and a relationship
Airedale NHS trust v bland
bland had been crushed in the Hillsborough disaster in 1989 he had been starved of oxygen and left with severe brain damage. He was in a vegetive state and after 3 years doctors asked the court for permission to remove his food this is not an omission as it was in the man’s best interest
Pagget
defendant held his pregnant girlfriend hostage when the police arrived, he used her as a human shield whilst shooting at police officers they shot b ack and killed the girl. He was guilty for her murder as the police wouldn’t have shot if he didn’t shoot first
White
put cyanide in his mum’s drink to intentionally kill her his mum later died in her sleep. An autopsy revealed that she died of a heart attack not poisoning. He wasn’t guilty of manslaughter but was guilty of attempted murder.
Kimsey
d was involved in a high-speed race with her friend she lost control of the car and killed the other driver. The judge said that the driving dd not have to be the substantial cause of death s long as you are sure that it was more than a slight or trifling link. The d was charged with death by dangerous driving
Blaue
woman was stabbed by D and told she needed a blood transfusion she was a Jehovah’s witness, and her religion didn’t allow blood transfusion, so she died, and the d was guilty of her murder.
Smith
The soldier had a fight, and v was stabbed in the lung whilst been carried off the field he was dropped and received bad CPR with reduced his chance of survival by 75%. He died and the soldier who stabbed him was liable
Cheshire
v was shot in stomach and thigh when in hospital he developed breathing difficulties and was given a tracheotomy which lead to his death via complications. The original wounds has healed so the tracheotomy was the case of his death
Jordan
stabbed someone in the stomach in hospital he suffered an allergic reaction to an antibiotic then another doctor gave him a larger dose of the same antibiotic which led to is death, the doctor who administered the antibiotic knowing he was allergic was liable for his death
Malcherek
stabbed his wife in the stomach she was placed on life support and was declared brain dead the life support machine was turned off and the d was liable for her death
Robert’s
girl jumped from a moving car travelling between 20 and 40 mph in order to escape Roberts sexual advancements and was injured. Her actions were foreseeable therefore the d was gu
Marjoram
several people shouted abuse and kicked down the v’s hotel door to escape he jumped from the window and suffered serious injuries. Foreseeable to escape the d’s were charged with GBH
Kennedy
supplied class a drug to victim who injected themselves. The v had a choice, so it breaks the chain of causation. D not liable
Williams
got a hitchhike from a man who tried to steal his wallet in retaliation he jumped from the moving car and was injured. The v’s actions were not foreseeable o in proportion to the treat imposed therefore the d was not liable
