AR MR CASES

Question 1

ADOMAKO

Answer 1

Duty under a contract to do his job. Convicted of gross negligent man slaughter.

Question 2

DYTHAM

Answer 2

Convicted of gross criminal negligence by omission due to his status.

Question 3

GIBBINS & PROCTOR

Answer 3

GNM via omission due to the reliance relationship .

Question 4

EVANS

Answer 4

D had created a situation she knew was life threatening and owed a DOC. A voluntary intervention won’t be sufficient to commit AR unlesss there is a:
- prior friendship
- control of the environment in which the incident occurred
- Some prior involvement

Question 5

MILLER

Answer 5

DOC because D caused a dangerous situation and failed to put it right.

Question 6

WHITE

Answer 6

Factual causation - but for test

Question 7

KIMSEY

Answer 7

Actions of D have to be more than a minimal cause of the consequence.

Question 8

SMITH

Answer 8

If the original wounds are still a substantial and operating cause at the time of death medical treatment didn’t break the chain.

Question 9

CHESHIRE

Answer 9

Only in the most extraordinary and unusual medical cases that medics, treatment would break the chain… Some overwhelming failure on the doctors part.

Question 10

JORDAN

Answer 10

Palpably wrong treatment can break the chain of causation.

Question 11

MALCHEREK & STEEL

Answer 11

Doctors will never break the chain of causation by switching of a life support machine. Also brain dead = legally dead

Question 12

ROBERTS

Answer 12

Victims actions were reasonably foreseeable. No break in the chain.

Question 13

WILLIAMS

Answer 13

Victims actions were not foreseeable or in proportion to the threat. Chain of causation broke

Question 14

PAGETT

Answer 14

Actions of a 3rd party were reasonably foreseeable so did not break the chain.

Question 15

HOLLAND

Answer 15

Self neglect does not break chain of causation.

Question 16

BLAUE

Answer 16

Thin skull rule - take ur victims as you find them.

Question 17

DALBY

Answer 17

Voluntary act of victim does break the chain.

Question 18

ADAMS

Answer 18

It doesn’t matter if the victims days were numbered, if their life was cut short by weeks or months it was just as much murder if it was years.

Question 19

MOHAN

Answer 19

direct intention = consequence was Ds main aim or desire

Question 20

NEDRICK

Answer 20

Can only be oblique intention if the jury feel like:
- Death or serious harm was a virtually certainty as a result of Ds actions
AND
- D appreciated that was such the case

Question 21

WOOLILIN

Answer 21

LORD STEYN.
i) death or serious bodily harm was a virtual certainty consequence of D,s voluntary act
ii) D appreciated that death or serious harm was a virtual certain consequence of his actions.

Question 22

CUNNINGHAM

Answer 22

CA interpreted word maliciously to mean intentionally or recklessly.
D sees a risk could occur and goes onto take it

Question 23

LATIMER

Answer 23

Men’s rea for the first attack could be transferred to the second offence

Question 24

FAGAN

Answer 24

Actus Reus can be a continuing act.

Question 25

THABO MELI

Answer 25

Court may use the concept of a series of acts to be “one transaction”