AR & MR CRIMINAL CASES

Question 1

ADOMAKO

Answer 1

Facts: During an operation Adomako was assisting as an anesthetiser, the tube carrying the oxygen from the ventilator to the V was disconnected. D failed to notice and 6 mins later the V died. He never checked the equipment. Grossly negligent in failing to notice.
HELD: Duty under a contract to do his job, he failed. Convicted of gross negligent manslaughter

Question 2

DYTHAM

Answer 2

Facts: Policeman didn’t stop a fight. He failed to do his job under his contract/position.
HELD: Convicted of gross criminal negligence by omission due his status.

Question 3

EVANS

Answer 3

Facts: D bought her sister heroin who self injected. Became obv she overdosed but neither D or mother got help. Mother had a DOC to the V. Sister claimed she never
HELD: Guilty. D had created a situation which she knew was life threatening and therefor owed her a DOC.

Question 4

GIBBINS AND PROCTOR

Answer 4

Facts: Father deliberately starved his 7 year old daughter to death
HELD: GNM via omission due to the reliance relationship

Question 5

MILLER

Answer 5

Facts: D fell asleep having a cig, the mattress set on fire. He failed to get help.
HELD: Charged with arson the AR of arson by omission.

Question 6

WHITE

Answer 6

Facts: D shot his V, whilst in hospital he received poor medical treatment he contracted respiratory problems and as a result had a heart attack and died.

Question 7

JORDAN

Answer 7

Facts: The victim of a stabbing was given incorrect medical treatment at hospital, as a result he contracted pneumonia and died. By the time of death the stab wound was healed.
HELD: NOT GUILTY

Question 8

CHERSHIRE

Answer 8

Facts: D shot his V. Whilst in hospital he died as a result of rare complications from a tracheotomy which had not been spotted by the doctors.
Ds convictions was upheld. The initial acr has to make “a more than minimal contribution to the consequence.”
CA HELD: “It was only in the most extraordinary and unusual medical cases that medical treatment would break the chain of causation. Some overwhelming failure on the part of the doctors”

Question 9

SMITH

Answer 9

Facts: Smith was a solider and stabbed another. Another solider carried C to the medical station and dropped him twice. Medical staff were under pressure and didn’t treat him for 45 minutes.
HELE: Guilty. initial act was “more than a minimal contribution to the consequence”

Question 10

ROBERTS

Answer 10

Facts: D made sexual advances to the V, she jumped out the car and suffered ABH.
Her actions were reasonably foreseeable. D was guilty, no break in the chain.

Question 11

WILLIAMS

Answer 11

Facts: Hitch Hiker jumped from Williams car and died from head injuries. Williams had attempted to steal Vs wallet. Charger with manslaughter.
CA said Vs act had to be foreseeable and in proportion to the threat. It wasn’t

Question 12

BLAUE

Answer 12

Facts: D stabbed V. She refused medical treatment due to her religion & died. D argued victim broke chain of causation.
CA HELD: D was guilty. Take your victims as you find them. Didn’t break chain of causation

Question 13

PAGETT

Answer 13

Facts: D fired at police. Police fired back and killed his pregnant girlfriend who he was holding as a shield.
HELD: D was guilty as actions of 3rd party were reasonably foreseeable and didn’t break the chain of causation.

Question 14

HOLLAND

Answer 14

Facts: D cut V on his finger, wound became infected. Ignored medical advice that it should be amputated. The wound caused lock jaw and he died.
HELD: Guilty

Question 15

DALBY

Answer 15

Facts: D was a drug dealer and V heroin addict. After Vs request, D prepared a dose of heroin and gave V a syringe ready for injection. V injected himself but later died. HL HELD: NOT GUILTY.

Question 16

ADAMS

Answer 16

Facts: D was a doctor charged with the murder of one of his patients who was terminally ill, by means of an overdose of pain killers. Judy directed that it didn’t matter that Vs days were numbered, if her life was cut short by weeks or months i twas just as much murder as if it were cut short by years

Question 17

MOHAN

Answer 17

CA: a decision to bring about, in so far as it lies within the accused’s power the commission of the offence.
POL: Direct intention = Consequence was D’s main aim or desire.

Question 18

NEDRICK/WOOLIN

Answer 18

i) Death or serious harm was a VIRTUAL CERTAINTY as a results of D’s actions
ii) Death or serious bodily harm was a virtual certain consequence of D’s voluntary act
iii) D appreciated that death or serious harm was a virtual certain consequence of his actions

Question 19

CUNNINGHAM

Answer 19

i) CA interrupted the word maliciously to mean intentionally or recklessly
ii) D sees a risk that the consequence could occur and goes onto take it

Question 20

MITCHELL/LATIMER

Answer 20

i) That the mens rea for the first attack (his intended victim) could be transferred to the second offence (his unintended victim)
ii) The actus reus and the mens rea do not coincide.

Question 21

PEMBILTON

Answer 21

D threw a brick at some people fighting outside a pub intending to hit them instead he threw it through the pub window
HELD: Not guilty.

Question 22

FAGAN

Answer 22

FACTS: D was told to stop his car by a police officer. As he did he accidentally drove onto the policeman’s foot. When he was shouted at to remove his car the D swore and said he could wait and switched off his engine.
HELD: convicted of assaulting a police officer.

Question 23

THABO MELI

Answer 23

Facts: A gang had severely beaten the victim and believing him to be dead threw him off a cliff. At that time he was alive but later died from exposure.
The MR for murder had existed at the beginning. Was seen as a single transaction not seperate events.
HELD: guilty