Actus Reus & Mens Rea

Question 1

Kay v Butterworth

Answer 1

Accused of careless driving even though was asleep.
Shouldn’t have continued driving if new was tiered.
Considered voluntary

Question 2

R v Cogdon

Answer 2

Mrs C has bad dreams
Killed daughter with axe
Involuntary as state of Somnambulism

Question 3

R v Pitwood

Answer 3

Man paid to keep gate shut to railway. Failed to so person died
Did not fulfil contract

Question 4

R v Miller

Answer 4

D was fell asleep on mattress with lit cigarette
Woke up to mattress on fire but just moved to other room
Did not raise alarm or try to put fire out

Question 5

R v Stone & Dobinson

Answer 5

S & D lived together low intelligence
Volunteered to look after S’s sister
Neglected her
Volunteered duty but didn’t fulfil

Question 6

R v Dytham

Answer 6

Police officer guilty
Man being kicked to death and did nothing
Failed to perform his public duty

Question 7

R v White

Answer 7

D put potassium cyanide in drink with intent to murder mother. Mother found dead afterwards. medical evidence showed would have be died of heart attack anyway. D convicted of attempted murder. not his act which caused her death. ‘BUT FOR’

Question 8

R v Smith

Answer 8

D stabbed P twice with a bayonet. Carried by friends to medic but dropped twice. MO didn’t give proper medical care. However D’s conviction still held up as operative cause of death.

Question 9

R v Cheshire

Answer 9

D shot the victim in leg. Died from complications caused by tracheotomy. D still guilty as only had tracheotomy because had been shot.

Question 10

R v Pagett

Answer 10

D attempting to escape captur by armed police, used girlfriend as human shield. D fired at police, police fired back ,girlfriend died. D held guilty as foreseeable that police would shoot back and hit girl.

Question 11

R v Corbett

Answer 11

Mentally handicapped man drinking all day. D hit V, V ran away, fell in gutter and got hit by car. foreseeable you would run away > fall over and if you fell in a road > get hit.

Question 12

R v Muhammed

Answer 12

D racing +100mph on motorway > tire blew > Lost control of car > killing 3 yr old son, injuring wife and daughter. D argued tire blowing was break in causation but foreseeable that at that speed and age of car(16 yrs) that tire would give.

Question 13

R v Blaue

Answer 13

Victim of stabbing Jehovah’s Witness as a result refused blood transfusion. Thin skull test says must take victim as find them so no break in chain of causation.

Question 14

R v Gray

Answer 14

G killed 11 yr old son who was suffering from cancer. Motive good but men’s rea and actus reus where established

Question 15

R v Mathews & Alleyne

Answer 15

Test used by jury to assist them when deciding wether to infer intention

Question 16

Nedrick test

Answer 16

Did the defendant appreciate that death or GBH was a virtual certainty consequence of his/her actions

Question 17

Cunningham recklessness

Answer 17

Defendant appreciated risk and took the risk anyway

Question 18

R v Latmir

Answer 18

D aimed blow at someone with belt belt recoiled of that person and hit the victim who was severely injured

Question 19

R v Mitchell

Answer 19

D in argument in queue so pushed elderly man who fell on an elderly lady who died in hospital although his act was not aimed at victim it was his act that caused her death

Question 20

Fagan v Metropolitan Police Commisioner

Answer 20

D told to move car moved car onto officers foot accidentally but then refused to move car

Question 21

R v Church

Answer 21

Man attacked women then put her in river as thought she was dead so she drowned