case studies paper 1 Flashcards
bratty v attorney general for northern island rule of case / facts
no act is punishable if done involuntarily
involuntary= an act that is done with muscle and without mind.
no act is punishable if done involuntarily
involuntary= an act that is done with muscle and without mind. name
bratty v attorney general for northern island
hill v baxter list of examples of involuntary acts
being stung by a swarm fo bees and losing control while driving
being hit on the head with a rock and losing control while driving
having a heart attack or an epileptic fit and losing control while driving
being stung by a swarm fo bees and losing control while driving
being hit on the head with a rock and losing control while driving
having a heart attack or an epileptic fit and losing control while driving
name
hill v baxter list of examples of involuntary acts
contractual duty case and facts
r v pittwood D worked at a railway a man was killed after D didnt close the gate
r v pittwood D worked at a railway a man was killed after D didnt close the gate
contractual duty
relationship duty
R v gibbins & proctor
fater and partner killed child by starving her
R v gibbins & proctor
fater and partner killed child by starving her
relationship duty
assuming responsibility voluntarily
Rv stone & dobinson
D failed to give elderly sister the care she needed to live after volunteering to take care of her
Rv stone & dobinson
D failed to give elderly sister the care she needed to live after volunteering to take care of her
assuming responsibility voluntarily
public office
R v dythan
a police officer watched a fight and didnt do anything which lead to someones death
R v dythan
a police officer watched a fight and didnt do anything which lead to someones death
public office
creating a dangerous situation
R v miller
dropped a lit cig and set fire to his room did nothing about it and injured people
R v miller
dropped a lit cig and set fire to his room did nothing about it and injured people
creating a dangerous situation
r v pagett
D kidnaped and used v as human shield and was shot dead
but for D s actions v wouldnt be dead
R v white
D wanted to poison grand ma so put poison in her drink and at the same time she drank it she had an unrelated heart attack and died
but for Ds actions she would still be dead
R v smith
D and v fought and D stabbed V v couldnt breath so medics gave him cpr and there was a puncture in lung so lung ripped open and v dies the medicts should have known about it but for D actions v woldnt be dead
medical treatment case
R V jordan D shot V in the stomach and almost fully recovered and a doctor age him some anti biotics that he was alergic to event though the notes said he was allergic the doctor was palpably wrong and killed him
R V jordan D shot V in the stomach and almost fully recovered and a doctor age him some anti biotics that he was alergic to event though the notes said he was allergic the doctor was palpably wrong and killed him
medical treatment case
acts of the victim d guilty
R v roberts D picked a female hitchhiker while driving D started to make sexual advances and v jumped out the car and broker her leg
d was charged
R v roberts D picked a female hitchhiker while driving D started to make sexual advances and v jumped out the car and broker her leg
d was charged
acts of the victim
acts of victim D not guilty
R v williams D picked up hitchhiking v and D asked if her could see v wallet and he jumped otu the car and died
R v williams D picked up hitchhiking v and D asked if her could see v wallet and he jumped otu the car and died
acts of victim D not guilty
the thin skull rule case
R v blaue D stabbed a jahovah witness and v need a blood transfusion but v refused because of religion and d was guily “ take the victim as you find them
mohan
drove his car aiming for the police. it was direct intention because his intention was to aim at them
woolin
oblique
his baby was crying and he threw his child 5 feet trying to get him in the pram but he missed and the baby hit the wall and died. woollin didnt intend to kill the baby but it was obvious the baby might get hurt or die he may as well have intended it.
what test did woollins case introduce
test for oblique intention
was the consequence of ds actions virtually certain
did the d know that the consequence was virtually certain
matthews and alleyne
passed the oblique intention test as they pushed a boy in a river that they knew couldnt swim
cunningham
broke a gas meter to steal the money in it and caused a gas leak, wasnt guilty of damage it did to people because he didnt realise the risk
R v latimer
got in a fight in a bar and tried to hit someone with a belt but accidently hit someone else and transfered malice to the actual victim
rv penvilton
threw a rock in a group of people trying to hit someone but broke a window and got charged with criminal damage because the crime doesnt transfere from crime to crime.
continuing act case
Fagan v mpc
single transaction theory case
Thabo Meli
read v coker facts and legal principle non fatal offences
D and his gang surrounded V rolling up their sleeves and making v feel like they were going to attack him
gestures and actions can be assult eg raising your fist at someone
r v ireland facts and legal principle non fatal offences
d made a number of unwanted phone calls to three women but when the answered it was silence and heathy breathing
silence can be assault eg silent phone calls
and spoken words can be assault
r v constanza facts and legal principle non fatal offences
over 20 months d sent over 800 threatening letters to v
written words can be assault
tuberville v savage facts and legal principle non fatal offences
d placed his hand on his sword and said if it were not assize time i would run you through the middle.
words can negate apprehention
DPP v logdon facts and legal principle non fatal offences
d pointed a fake gun at v and she was terrified so there was an assault because she apprehended force
it is possible for v to apprehend force even if force is not possible
smith v chief constable of woking facts and legal principle non fatal offences
d peered through the window of v late at night.
immediate force doesnt necessarily mean straight away it can have the brourder meaning of in the near future
rv thomas battery
a school care taker was convicted of indecent assault after taking hold of the hem of a 12- year- olds skirt.
this shows force can be the lightest touch and touching clothing is the same as touching the person
wilson v pringle battery facts and legal principle
D pulled vs backpack causing him to fall over, it was decided that for battery the contact must be unlawful
DPP V K battery facts and legal principle
d took acid form science class and hid it in the hand dryer and someone used it and got acid all over him force can be applied indirectly eg via an object
R v miller defined abh
any hurt or injury calculated to interfere with the health and comfort of the victim
R v chan fook 2 legal principlesand facts of case
fell out of a window trying to escape the D 1 the harm cannot be trivial and insignificant
2psychiatric injury can be abh
Dpp v smith abh legal principle and facts
D cut off Vs hair cutting off a persons hair can amount to abh
t v dpp legal principles and facts
D chased V and v feel and became unconsicious briefely
even a short loss of consciousness can be abh
R v savage
tried to throw a beer at v but threw the glass at her.D doesnt have to intend or be reckless as to causing abh to v they just need to intend or be reckless to cause assault or battery
jcc v eisenhower
shot in eye
a cut or break in at lease two layers of the skin is wounding
not internal bleeding
s 20 some harm case
r v mowatt
s18 serious harm case
r v belform
DPP V smith GBH
gbh is realy serious harm but doesnt have to be life threatening
Rv burstow
D didnt accept the breakup of him and v and followed her called her and v started to suffer from depression
GBH can be serious psychiatric harm
R v dica
D infected 2 girls with hiv knowing he was hiv positive and diddnt tell them
GBH can be serious biological harm
R v brown and Stratton
The d’s attacked one of their fathers who had gone under gender reassignment. causing broken nose, three broken teeth, and cut over an eye
GBH can be accumulation of more minor injuries
R v bollom
D was convicted of casing GBH to a 17 month child after causing bruises and abrasions on the child.
age and health are factors that need to be considered when deciding if its GBH
R v martin
D as a joke, placed a bar in a theatre exit and yelled fire so people would bump into it
gbh can be committed indirectly.
