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LAW Criminal Law - OCR > Case Law > Flashcards

Case Law Flashcards

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1
Q

Hill v Baxter?

A

Actus reus - involuntary acts
- man caused a car crash, claimed he couldn’t remember anything therefore he was voluntarily committing the offence. found guilty

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2
Q

Gibbins v Proctor?

A

Actus reus - duty because of relationship
- father and his girlfriend allowed 7 year old daughter to starve to death

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3
Q

Stone & Dobinson?

A

Actus reus - duty taken on voluntarily
- Stone’s sister came to live with the 2 defendants, she was anorexic and when the 2 failed to get medical help for her, the sister died.

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4
Q

Pittwood?

A

Actus reus - a contractual duty
- a railway crossing keeper failed to shut the crossing gates while having his lunch. a cart crossing the line was stuck and a man was killed.

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5
Q

Dytham?

A

Actus reus - duty as a result of public position
- a policeman witnessed an attack on the victim and failed to act to help them.

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6
Q

Miller?

A

Actus reus - duty created by a chain of events
- a squatter fell asleep and his cigarette caused a mattress to set alight. he simply moved to another room and took no action.

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7
Q

Road traffic act?

A

Actus reus - statutory duty
- failure to stop at a road accident, failure to give a breathalyser sample, failure to wear a seatbelt.

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8
Q

Cheshire?

A

Substantive & operating cause
- victim was shot and had trachotomy, he died several months later from complications, the defendant was still liable.

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9
Q

Smith?

A

Substantive & operating cause
- 2 soldiers fighting, one was stabbed and then dropped twice on the way to hospital and receives poor treatment.

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10
Q

White?

A

Factual causation
- the defendant wanted to kill his mother so he put cyanide in her drink, she died of a heart attack before she drank it, wasnt guilty.

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11
Q

Pagett?

A

Factual causation
- defendant kidnapped his pregnant girlfriend and held her as a shield when asked to surrender, he shot police so police fired and killed the girlfriend, d was convicted of manslaughter.

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12
Q

Williams?

A

Victims own acts
- defendant picked up a hitchhiker who he tried to rob, so the victim jumped from the car whilst moving and sustained injuries.

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13
Q

Roberts?

A

Victims own acts
- a girl was a passenger and the defendant made sexual advances so she jumped from the car, man found guilty as it was a reasonable action.

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14
Q

Blaue?

A

Thin skull rule
- victim was stabbed, was a Jehovah’s witness, refused a blood transfusion and died, doctor was liable

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15
Q

Jordan?

A

Novus actus interveniens
- victime stabbed, allergic to antibiotics so stopped, a new doctor administered drugs again and died, broke the chain of causation.

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16
Q

Malcherek?

A

Novus actus interveniens
- d stabbed his wife and went on life support, she was found to be brain dead so it was turned off, he was charged.

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17
Q

Mohan?

A

Mens rea - direct intention
- d was driving his car when a police officer signalled to pullover so he stopped but then accelerated towards the officer.

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18
Q

Woolin?

A

Mens rea - direct intention
- a man was feeding his young son and the baby started choking so he threw the baby but it missed the pram and it hit the wall, the baby died.

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19
Q

Cunningham?

A

Mens rea - recklessness
- d broke a prepaid gas meter to steal money, gas leaked into a house.

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20
Q

Fagan?

A

Contemporaneity rule
- a man driver over a police officers foot without realising, when he did realise he refuses to move and swears.

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21
Q

Thabo meli?

A

Contemporaneity rule
-a man is beaten by a group of people and then thrown of a cliff, he isnt died but eventually dies of exposure

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22
Q

Church?

A

Contemporaneity rule
- woman and man in a van for sexual reasons, woman mocks him so he attacks her and it knocks her out, he then throws her into a river and she drowns.

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23
Q

Mitchell?

A

Transferred malice
- a man pushed another man in a queue and he fell on an elderly woman who died later on.

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24
Q

Latimer?

A

Transferred malice
- the defendant got into a fight and took of his belt to hit the other man with, instead it hit a woman.

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25
Q

Pembleton?

A

Transferred malice
- the defendant threw a stone intending to hit some people but instead it hit a store and broke a window.

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26
Q

Gammon Ltd v Attorney general?

A

Strict liability
- the court held that there was a presumption in all crimes that mens rea was required, unless it was specifically stated otherwise

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27
Q

London borough of Harrow?

A

Strict liability
- the selling of a lottery ticket to a person under the age of 16 was held to be a strict liability offence.

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28
Q

Sweet v Parsley?

A

Strict liability
- a landlord rented out a cottage and residents then started smoking cannabis, the landlord got charged too.

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29
Q

Alphacell v Woodward?

A

Strict liability
- defendants charge £20 for allowing polluted water to discharge into a river.

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30
Q

Smedleys v Breed?

A

Strict liability
- the d’s were charged under the food and drugs act 1955 when one tine of peas out of a million was found to contain a caterpillar.

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31
Q

Logdon?

A

Actus reus - an act
- d was joking when he pointed a gun in v’s face but she took it seriously and was very scared.

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32
Q

Smith?

A

Actus reus - an act
- a man was staring at a women through her window, she screamed and feared violence even though she was safe in her flat.

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33
Q

Ireland?

A

Actus reus - an act
- silent phone calls which caused psychiatric injury was deemed to be an assault.

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34
Q

Constanza?

A

Actus reus - an act
- the d sent 812 letters to v, this was sufficient to be classed as an assault.

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35
Q

Lamb?

A

Actus reus - apprehension
- d+v were messing around with a gun they both believed to be unloaded so no fear of violence, v was shot and killed, d wasnt guility.

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36
Q

Collins + Wilcock?

A

Actus reus - battery
- a police officer believed a women was a prostitute so grabbed her, classed as battery.

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37
Q

Thomas?

A

Actus reus - battery
- a school caretaker took hold of the hem of a girls skirt, touching someones clothes is as bad as actually touching them.

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38
Q

Haystead?

A

Actus reus - battery (indirect)
- the d punched his girlfriend, causing her to drop her baby. he was convicted of battery on the baby.

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39
Q

Santana Bermudez?

A

Actus reus - battery
- the d claimed to have nothing dangerous but when being searched found a needle which injured an officer.

40
Q

Venna?

A

Mens rea - battery
- the d was arrested and struggled violently against the police officer. He was deemed to have been reckless an he caused harm.

41
Q

Chan-Fook?

A

Actus reus - ABH
- student accused of stealing, housemates locked him in his room and shouted threats through the door, v through himself out of window

42
Q

DPP v Smith?

A

Actus reus - ABH
- d cut off his girlfriends ponytail with a pair of scissors.

43
Q

Savage?

A

Mens rea - ABH
- meant to just throw a pint of beer but ended up throwing thr glass as well, smashed and cut the v.

44
Q

JCC v Eisenhower?

A

Actus reus - s20
- v hit in the eye with a gun pellet, suffered bruising and internal bleeding. no wound as skin not broken.

45
Q

Brown and Stratton?

A

Actus reus - s20
- v attacked with a chair causing a broken nose, loss of teeth and a concussion.

46
Q

Dica?

A

Actus reus - s20
- a man who knew he had HIV still had unprotected sex.

47
Q

Bollom?

A

Actus reus - s20
- d inflicted injuries on a 17 month old child, there were various bruises and abrasions.

48
Q

Mowatt?

A

Mens rea - s20
- d attacked v by raining a series of blows to their face, lifting head up and throwing it down again.

49
Q

Grimshaw?

A

Mens rea - s20
- d struck v who suffered serious eye injuries from the glass.

50
Q

Parmenter?

A

Mens rea - s20
- d caused injury to his young child by tossing him around but didnt know it would cause harm.

51
Q

Belfon?

A

Mens rea - s18
- d slashed v with a razor

52
Q

Martin?

A

Actus reus - murder
- d shot and killed a burglar as he fled from his house.

53
Q

Clegg?

A

Actus reus - murder
- shot and killed a girl in a car full of people a soldier thought were terrorists, but he did so when the car was driving away.

54
Q

Re A?

A

Actus reus - murder
- conjoined twins but one of the dies if seperated.

55
Q

Attorney-General’s reference?

A

Actus reus - murder
- a foetus is not a reasonable creature in being as it cannot survive outside the womb.

56
Q

R v Gray?

A

Actus reus - murder
- d gave a fatal overdose to his child who was in terrible pain from a terminal illness.

57
Q

R v Vickers?

A

Actus reus - murder
- d was robbing v’s store, the v found him so d struck v. v died of shock.

58
Q

Moloney?

A

Actus reus - murder
- d challenged v to see who could load a gun quickest. d won and pulled the trigger, killing the v.

59
Q

Hancock and Shankland?

A

Actus reus - murder
- d’s pushed a concrete block from a bridge onto the road to block access so miners didnt go to work (strike). v was a taxi driver and was hit by the block

60
Q

R v Gittins?

A

Diminished responsibility
- d attacked and killed his wife with a hammer and then raped and killed his daughter.

61
Q

R v Tandy?

A

Diminished responsibility?
- defendant was an alcoholic and she killed her 11 year old daughter by strangulation after the daughter told her she was eying sexually abused by her step-father.

62
Q

Jewell?

A

Loss of control
- v threatened the d, next day d drove to v’s house with a gun and shot and killed the victim.

63
Q

Ibrams and Gregory?

A

Loss of control
- d’s had been threatened by the v, d’s planned to to get v drunk and lure him into bed, the d’s would then burst in and attack them. in the attack they lost control and killed him

64
Q

R v Hatter?

A

Qualifying trigger
- d and v were in a relationship which eventually broke down and she started seeing someone else. because of this, he broke into her home and stabbed her to death.

65
Q

R v Bowyer?

A

Qualifying trigger
- d and v were both going out with the same woman (who was a prostitute). d burgled the v’s house when he discovered the v revealed his girlfriend was a prostitute and taunted him

66
Q

R v Dawes?

A

Restrictions
- d punched the v and hit him with a bottle. v then grabbed the bottle and attacked the d who then stabbed and killed the victim.

67
Q

Clinton?

A

Sexual infidelity
- man killed his wife after he found photos and info on her facebook page that told him she was having an affair. when asked about it, she threatened to take away his children. she was also aware he was suicidal and she encouraged him to do it. he lost control and killed her.

68
Q

Camplin?

A

Objective test for loss of control
- d killed a man who sexually attacked him, the d was 15.

69
Q

Mohammed?

A

Objective test for loss of control
- d was a strict muslim father, he caught his daughter in her bedroom with a boy so he stabbed and killed her.

70
Q

Donoghue v Stevenson?

A

Duty of care - GNM
- duty to take care for anyone so closely and directly affected by your actions.

71
Q

R v Litchfield?

A

Duty of care - GNM
- the d (a ship’s captain) knew the boat’s engine was likely to fail but allowed the crew to sail. 3 crew members died.

72
Q

R v Singh?

A

Duty to care - GNM
- landlord had failed to take care of his properties and a gas fire caused by a fault resulted in the death of some tenants.

73
Q

Finlay?

A

Breach is so bad it should be regarded as a criminal offence - GNM
- a scout leader was in charge of a group when one 10 year old boy fell to his death on Snowdon. there was evidence given that proved proper safety procedures had not been followed

74
Q

Edwards?

A

Breach is so bad it should be regarded as a criminal offence - GNM
- 2 parents let their 7 year old daughter and her friend play on a railway track and they said they would warn if a train was coming . the parents didn’t know a train was coming and the 2 girls where killed. found guilty.

75
Q

Holloway?

A

Objective test for GNM
- the reasonable electrician would have honestly told the householder that the electric shower was not safe to use.

76
Q

Adomako?

A

Objective test for GNM
- would a reasonable anaesthetist have missed seeing a breathing tube that had fallen out of their patient during an operation for 9 minutes.

77
Q

Larkin?

A

The unlawful act - UAM
- d threatened a man with a cutthroat razor, when his mistress tried to intervene she fell. on the razor and died.

78
Q

Lamb?

A

The unlawful act - UAM
- d and his friend had been playing with a loaded revolver but both didn’t release it would work due to the gun barrels. Lamb pointed the gun at his friend and killed him

79
Q

Dawson?

A

Meaning of harm - UAM
- attempted robbery of a filling station by 3 masked men armed with pickaxe handles. v , the petrol station attendant, had a heart attack and died.

80
Q

Goodfellow?

A

Dangerous act that can be aimed at property - UAM
- d set fire to his council flat in order to be rehoused. his wife, son and another woman died. committed arson which any reasonable person might foresee would cause harm, and death had resulted.

81
Q

Corion-Auguiste?

A

Act that caused death - UAM
- d there an air bomb firework in a crowded enclosed station and in panic, passengers rushed for the ext and in this panic an elderly lady was knocked over and killed. convicted of UAM as his act was the direct and substantial cause of the victim’s death.

82
Q

Shohid?

A

Act that caused death - UAM
- d from a group of men who attacked the victim on the platform of a railway station.the victim then forced onto the lines where a train killed him.

83
Q

DPP v Newsbury & Jones?

A

Does the d have to be proved to have foreseen some harm? - UAM
- 2 teenage boys pushed a piece of paving stone from a bridge onto a railway line where there was an approaching train. the stone smashed through a window of the train (criminal damage) , killing a guard

84
Q

Le Brun?

A

Does the d have to be proved to have foreseen some harm? - UAM
- d hit on wife on the chin during an argument which caused her to fall unconscious. as he was dragging her away to avoid detention her head hit the pavement to fracture her skull and kill her. d was convicted of manslaughter.

85
Q

Morris?

A

Actus reus - appropriation - theft
- d switched the labels on goods in a supermarket to show lower prices and then payed for them using these lower prices.

86
Q

Lawrence?

A

Actus reus - appropriation - theft
- a foreign student (who didn’t speak much English) was getting a small taxi ride to his hotel when he gave the driver a bank note. Lawrence said it wasn’t enough so the student gave him his wallet and told him to take the correct amount. he did but also took 20x the amount. guilty of theft.

87
Q

Marshall?

A

Actus reus - property - theft
- d and others were video recorded obtaining London underground tickets or travel cards from members of the public passing through the barriers and re-selling them to other potential customers. guilty of theft as the tickets belonged to the underground.

88
Q

Kelly?

A

Actus reus - property - theft
- an artist removed human body parts from the Royal College of London without permission and the intention of returning them.they has been preserved and dissected for exhibition and teaching, so they were held to be property.

89
Q

Turner?

A

Actus reus - belonging to another - theft
- the d took his car into a service station for repairs. when he went to pick it up he saw that the car. was left outside with the key in it. he took the car without paying for the repairs.

90
Q

R v Gilks?

A

Actus reus - belonging to another - theft
- the appellant placed a bet on a horse, the manager mistakenly believed the appellant had won the bet and paid out. he accepted the money and was convicted of theft.

91
Q

Davidge and Bunnett?

A

Actus reus - belonging to another - theft
- received cheques from her flat mates which were to pay for the communal gas bill. the defendant spent the money on xmas presents and left the flat without paying the gas bill.

92
Q

Hinks?

A

Actus reus - property - theft
- a single mother started going out with Mr Dolphin, a naive and gullible man of low intelligence. she withdrew money almost every day from his account (which he knew about) and after 7 months, £60,000 had been transferred into her account from his (which he inherited after his fathers death)

93
Q

Velumyl?

A

Mens rea - meaning of borrowing - theft
- the d without any authority took just over £1000 for the safe at his workplace and lent it to a friend with the intention that this friend would give him the money by Monday so no one at the company would be suspicious. however a spot check was done and it was found out that there was no intention of returning the money but only items of that value.

94
Q

Lloyd?

A

Mens rea - meaning of borrowing - theft
- d worked in a cinema and whilst films were not showing he would take them to be copied but it was always brought back for the right time of the viewing. he was not convicted of theft as the court said to be a borrowing the circumstances need to make it equivalent to an outright taking or disposal.

95
Q

Holden?

A

Mens rea - dishonesty - theft
- d was accused of stealing scrap tyres from Kwik Fit, a previous employer. his defence was that he knew others had taken tyres with permission. the manager of the depot gave evidence saying it was a disciplinary offence with immediate dismissal.

LAW Criminal Law - OCR (5 decks)

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