AR MR CASES Flashcards
ADOMAKO
Duty under a contract to do his job. Convicted of gross negligent man slaughter.
DYTHAM
Convicted of gross criminal negligence by omission due to his status.
GIBBINS & PROCTOR
GNM via omission due to the reliance relationship .
EVANS
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
MILLER
DOC because D caused a dangerous situation and failed to put it right.
WHITE
Factual causation - but for test
KIMSEY
Actions of D have to be more than a minimal cause of the consequence.
SMITH
If the original wounds are still a substantial and operating cause at the time of death medical treatment didn’t break the chain.
CHESHIRE
Only in the most extraordinary and unusual medical cases that medics, treatment would break the chain… Some overwhelming failure on the doctors part.
JORDAN
Palpably wrong treatment can break the chain of causation.
MALCHEREK & STEEL
Doctors will never break the chain of causation by switching of a life support machine. Also brain dead = legally dead
ROBERTS
Victims actions were reasonably foreseeable. No break in the chain.
WILLIAMS
Victims actions were not foreseeable or in proportion to the threat. Chain of causation broke
PAGETT
Actions of a 3rd party were reasonably foreseeable so did not break the chain.
HOLLAND
Self neglect does not break chain of causation.
BLAUE
Thin skull rule - take ur victims as you find them.
DALBY
Voluntary act of victim does break the chain.
ADAMS
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.
MOHAN
direct intention = consequence was Ds main aim or desire
NEDRICK
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
WOOLILIN
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.
CUNNINGHAM
CA interpreted word maliciously to mean intentionally or recklessly.
D sees a risk could occur and goes onto take it
LATIMER
Men’s rea for the first attack could be transferred to the second offence
FAGAN
Actus Reus can be a continuing act.
THABO MELI
Court may use the concept of a series of acts to be “one transaction”
