Cases Flashcards
EN - R v Evans
Duty of care for creation of a dangerous situation
EN - R v Jogee
Foreseeability is no longer enough to be held liable under joint criminal enterprise. Intent is required.
EN - Caldwell
Objective definition of recklessness - Not only awareness of the risk, but also the failure to foresee an obvious risk
EN - R v G
Switch from Caldwell - Subjective definition of recklessness - Must be aware of the risk taken
EN - Lewin v Crown Prosecutor
The establishment of a duty of care for creation of a dangerous situation requires foreseeability
EN - R v Wacker
The joint involvement in criminal activity does not negate a duty of care
EN - R v Dudley and Stephens
Necessity is not a defence against murder – The courts cannot weigh the value of lives
EN - R v Roberts
Where the victim’s actions were a natural result of the defendant’s actions it matters not whether the defendant could foresee the result. Only where the victim’s actions were so daft or unexpected that no reasonable man could have expected it would there be a break in the chain of causation
EN - R v Kennedy
If the drug was administrated by a fully-informed and responsible adult, the individual present at the time the drug was taken cannot be liable
EN - R v Pagett
The police firing back and shooting someone constitutes self-defence and does not break the chain of causation
EN - R v Michael
The defendant was convicted for perpetration by means
EN - R v Hood
Spouses have a duty to offer medical assistance when in need
EN - R v Cunningham
Malicious means either
(1) An actual intention to do the particular kind of harm that in fact was done; or
(2) recklessness as to whether such harm should occur or not
EN - R v Proctors and Gibbins
Gibbins - As the father, he had a legal duty to provide care for the child
Proctors - Was asked to care for the child Breached that duty
EN - R v Adomako
Gross negligence manslaughter requires: a duty of care based on the tort of negligence; a breach which caused death and a breach which was serious enough to be a crime
EN - Airedale NHS Trust v Bland
Treatment necessary to sustain the life of a patient which cannot give consent may be withdrawn if it is in the best interest of the patient
NL - Samir A
The court must assess whether the objects seized, separate or together, by their outward manifestation, can be suitable for the criminal purpose the defendant had in using them
NL - HIV case
Unprotected sexual intercourse only brings about a considerable chance of contamination under certain risk-increasing circumstances
NL - Jomanda
To establish whether there was a breach of a duty of care, one must compare with a reasonable person from the same profession
GR - Dennis case
Parents have a legal duty to protect their children
ECHR - Gäfgen v Germany
Torture is never allowed (ECtHR case law)
Brain Tumour Paedophile
The defendant was acquitted after it was discovered his tumour was the cause for his paedophiliac conduct
Kitty Genovese
Was murdered whilst many witnesses heard/saw the event and did not react Bystander effect
Jean Charles de Menezes
No violation of Art. 2 ECHR (right to life) Because insufficient evidence
Kenneth Parks Case
Liability cannot arise from involuntary acts
