CASES Flashcards
FISHER V BELL
A shopkeeper displayed a flick knife in the shop window (constituted as invitation to treat) during the restriction of offensive weapons act.
HELD: Not guilty.
CHEESMAN V DPP
A man was masturbating in a public toilet. The police who found him convicted him under a section that said being found by a ‘passenger’ had a different meaning
HELD: Cheeseman was found not guilty.
ALLEN
D consumed homemade wine that had much stronger effect than expected, lead him to buggery and sexual offences.
HELD: Appeal dismissed, intoxication was involuntary.
ADLER V GEORGE
The defendant had entered a prohibited place rather than‘ in the vicinity’ of it.
HELD: Defendant’s conviction was upheld under the golden rule.
SMITH V HUGHES
JONES V TOWER BOOT
D had brought a claim against his two racist co-workers, who verbally and physically abused him.
HELD: Co workers lost under the Race Relations Act.
PEPPER V HART
HELD: Took a purposive approach to interpretation.
ROYAL COLLEGE OF NURSING V DHSS
HANLON V THE LAW SOCIETY
VAUGHAN V VAUGHAN
WHEATLEY
HOWE
DONOGHUE V STEVENSON
D sold ginger been in an opaque bottle it then gold resold to V. There was a decomposed snail which made V very ill so she sued.
HELD: D was liable to C in negligence.
GOTTS
D caused serious injuries when he stabbed his mother with intent to kill her with “orders” from his father if not he would kill him.
HELD: D was convicted for attempted murder
R V R
D was charged with attempted rape of his wife, whilst they were separated. However, they were not legally divorced and neither had appealed for one.
HELD: Conviction for rape was upheld.
HEDLEY BYRNE V HELLER
BALFOUR V BALFOUR
A couple moved to England. When the husband returned, the wife had to stay due to her ill health. H e had promised to pay her £$30 per month.
HELD: There was no binding contract.
MERITT V MERITT
CANDLER V CRANE
R V MILLER
Miller accidentally set fire to a mattress in a house in which he was sleeping. Rather than taking action to put out the fire, he moved to a different room, the fire caused further damages.
HELD: Miller was guilty of arson under the Criminal Damage Act.
BRITISH RAILWAY BOARD V HERRINGTON
D had an electrified line that’s fenced off from a meadow where children played. The children were playing near the unrepaired fence. One child trespassed and was injured on the live rail.
HELD: D was in breach.
WHITE V BRISTOL AEROPLANE
There was an issue of bonus shares to existing shareholders and effect was to dilute the preference shareholders but wanted a separate class right meeting.
HELD: The issue of new shares was not a variation of class rights.
HILL V BAXTER
D alleged that he lost consciousness as a result of illness when driving and could not remember what happened, he was charged with dangerous driving. Strict Liability offence.
HELD: The burden was on D to prove that he was in a state of automatism, but he failed to do so charges dismissed.
PITWOOD
DYTHAM
WINZAR
PAGETT
D kidnapped his girlfriend, she was killed when police sniper fired upon D.
HELD: D was rightly convicted for murder
(Passes causation)
WHITE
BENGE
CATO
The victim prepared their own syringes and then injected each other with heroin, one didn’t wake up and died.
HELD: It was a deliberate and direct act.
BLAUE
A victim was sexually assaulted then stabbed four times, whilst at the hospital the victim required a blood transfusion if not she would die. As she was a Jehovah’s witness she could not accept the transfusion and died.
HELD: ‘Thin skull rule’- take the victim as you found them.
JORDAN
SMITH
MALCHEREK
D stabbed his wife, V, who was later placed on a life support machine. The doctors turned it off as there was no sign of brain activity.
HELD: D was properly convicted of murder
ROBERTS
V had accepted a lift after a party from D, who then drove to a desert area and made sexual advances but was rejected.
Later, when D was driving he continue to make sexual advances. V then jumped out the car.
HELD: D was guilty of ABH to V.
WILLIAMS
D gave singing lessons and had sex with V under pretence that it would improve her breathing.
HELD: D was convicted of rape as V didn’t consent.
MOHAN
CUNNINGHAM
D had attacked V as he wrongly believed that V had an affair with his fiancé suffered a fractured skull and a subdural haemorrhage from which he died 7 days later.
HELD: D was guilty of murder.
WOOLLIN
Woollin killed his 3 month old son after throwing him onto a hard surface in rage.
HELD: Replacement of murder with manslaughter.
LATIMER
D struck a blow with his belt at a man, but hit a woman V and severely injured V.
HELD: D was convicted of maliciously wounding V.
FAGAN
D had unintentionally drove onto the officers foot, when the officer told him to drive off his foot, D turned off the ignition of his car instead.
HELD: There was a continuing act of assault when the intention later arose.
R V PRINCE
D had taken an unmarried girl out of the possession of her father as She told him she was 18, she was 14. However he believed her.
HELD: H’s reasonable belief was therefore no defence so the conviction was upheld.
T V DPP
V was kicked by D while he was lying down, resulting in V becoming unconscious but not external harm was sustained.
HELD: Causing the V to lose consciousness constitutes actual bodily harm within the terms of s47 OAPA as it is an injurious impairment of sensory functions
IRELAND
D made silent phone calls to a women over a period of time.
HELD: No need for words
LAMB
D pointed a loaded gun at V, V knew it was unloaded.
HELD: No assault as V didnt fear immediate harm.
R V SMITH
D was standing in V’s garden, staring through the kitchen window.
HELD: This was assault.
TUBERVILLE V SAVAGE
Words can negate assault aswell-threat.
HELD: Not gulity as the conduct was not an assault.
THOMAS
A school caretaker was convicted under two sexual assaults of female students.
HELD: Sexual offences act
HAYSTEAD
D punched a woman who was holding her baby, causing the woman to drop the baby onto the floor. D tried to appeal that battery requires a direct application of force.
HELD: D was convicted of an offence of battery on the baby
CHAN FOOK
DPP V SMITH
After D was woken up by his girlfriend he climbed over her and forcefully cut off her hair.
HELD:D was convicted under S47 for assault occasioning actual bodily harm
R V BURSTOW
Victim of stalker had suffered with severe depression as a cause.
HELD: Psychiatric injury could amount to bodily harm.
R V BOLLOM
D inflicted various injuries upon his partner’s seventeen month old child such as bruises and cuts.
HELD: The defendant being found guilty under s. 20.
DICA
D was aware he was HIV positive, he had sex with 2 women who were subsequently diagnosed with HIV. The women were not aware of his condition but D argued they were.
HELD: convicted with inflicting grievous bodily harm contrary to s20.
SAVAGE
Savage intentionally threw beer her boyfriend’s ex.
HELD: Savage’s appeal was dismissed.
COLLINS V WILCOCK
A policeman wanted to stop a prostitute to get her name.
HELD: Holding someone’s arm was enough for battery.
DPP V K
A boy put acid in a hand dryer.
HELD: Battery could be indirect.
DPP V SANTA-BERMUDEZ
Police offer asked D if he had any sharp objects in his pockets before being searched. He said no.
HELD: Omitting to tell the policeman could amount to battery.
R V PARMENTER
D injured 3 month old baby when he threw him in the air and caught him as he had done with slightly older children. He had not realised the risk of any injury.
HELD: Some harm for s. 20 but in this case guilty of s.47.
R V TAYLOR
V was found with shallow scratches across his face and a stab wound in his back.
HELD: – Intent to wound was not sufficient for s.18.
BELFON
D slashed victim’s face and chest with a razor – the court stated that in order to be convicted under s18 it was insufficient to show that D foresaw such harm as likely or had been reckless.
BROWN AND STRATTON
V (a transsexual) went to visit his father’s market stall. Father felt humiliated and so he and the V’s cousin hit V with a chair, breaking his nose, knocking out 3 teeth and causing concussion.
JCC V EISENHOWER
V was hit in the eye by an airgun pellet and suffered bruising and internal bleeding in the eye.
HELD: Not a wound.
R V JEWELL
D shot V at point blank range with a shot gun. He said he lost his self control but had been found in his car with a weapon, ammunition and a survival kit.
HELD: Insufficient evidence to suggest he lost control.
R V DAWES
R V VAN DONGEN
IBRAMS AND GREO=GORY
An attack planned over several days was not a sudden loss of control.
BAILLIE
AHLUWALIA AND THORNTON
JERSEY V HOLLEY
CLINTON 2012
MOHAMMED
Bad temper should be disregarded (as should any other factors which lower the tolerance of D beyond that of a reasonable man). OBJECTIVE TEST.
