cases

Question 1

victims own actions/escape attempts

Answer 1

roberts

Question 2

bad medical treatment

Answer 2

cheshire

Question 3

thin skull rule

Answer 3

blaue

Question 4

acts of a third part

Answer 4

pagett

Question 5

v refusing medical treatment

Answer 5

holland

Question 6

key case: factual causation

Answer 6

white

Question 7

key case: legal causation

Answer 7

kimsey

Question 8

‘the unlawful
act must be a crime not a civil wrong’

Answer 8

franklin

Question 9

the unlawful act must be a positive act not an omission

Answer 9

khan and khan

Question 10

would a reasonable person observing see a risk of harm

Answer 10

church

Question 11

would a danger be obvious that any sober and reasonable person

Answer 11

DPP v newbury and jones

Question 12

the D must have the mens rea for the lesser unlawful act

Answer 12

goodfellow

Question 13

contractual duty

Answer 13

pitwood - didn’t close train crossing gate

Question 14

special relationship

Answer 14

gibbons and proctor - father let daughter starve

Question 15

voluntary assumption of a duty

Answer 15

gibbon and proctor - fathers girlfriend let girl starve

Question 16

creating a dangerous situation

Answer 16

miller - homeless man set fire to mattress

Question 17

switch off life support

Answer 17

malcherik and steele - doctor switching off life support

Question 18

factual causation - but for Ds actions…

Answer 18

white

Question 19

legal causation - more than slight or trifling link

Answer 19

kimsey

Question 20

indirect intent - was death a virtual certainty

Answer 20

woolin

Question 21

cunningham

Answer 21

D drops gas meter off wall to steal money, gas leaks, poisons neighbour

Question 22

R v G and R

Answer 22

two Ds burnt newspaper in bin and left. assumed fire would go out, co op burnt down

Question 23

transferred malice

Answer 23

latimer

Question 24

D must do an act

Answer 24

Ireland

Question 25

letters/emails ect assault

Answer 25

constanza

Question 26

v must apprehend force

Answer 26

lamb

Question 27

jokes can be an assault

Answer 27

logden

Question 28

threat of force must be immediate

Answer 28

smith v chief working police

Question 29

words may negate an assault

Answer 29

tuberville v savage

Question 30

immediate unlawful force

Answer 30

venna

Question 31

does D have intention

Answer 31

Mohan

Question 32

recklessness

Answer 32

cunningham

Question 33

any touching may be a battery

Answer 33

lord goff collins v wilcock

Question 34

clothing - battery

Answer 34

thomas

Question 35

indirect battery is still a battery

Answer 35

martin

Question 36

touching must be unlawful

Answer 36

wilson v pringle

Question 37

v must have abh injuries

Answer 37

miller

Question 38

ruling in miller

Answer 38

any hurt or injury calculated to intefere with the health and comfort of a victim must be more than trifling

Question 39

ruling in chan fook

Answer 39

must not be so trivial as to be wholly insignificant

Question 40

psychiatric injury

Answer 40

ireland/burstow

Question 41

temporary loss of consciousness

Answer 41

T v DPP

Question 42

cutting the Vs hair

Answer 42

smith

Question 43

GBH is injury that breaks both layers of the skin

Answer 43

eisenhower

Question 44

GBH injury is ‘nothing more or nothing less than really serious harm’

Answer 44

DPP v smith

Question 45

accumulation of injuries can amount to GBH

Answer 45

brown/stratton

Question 46

vulnerable victim-more serious injury

Answer 46

bollom

Question 47

mens rea- inflict SOME harm

Answer 47

mowatt

Question 48

intention to resist arrest

Answer 48

morrison/mowatt