cases for AR of a crime

Question 1

car sign crash = voluntary AR

Hill v Baxter (1958)

Answer 1

sum: D ignored road signs and crashed but claimed to be in automatic state
sig: an omission can be the AR when it is voluntary

Question 2

illegal immigraton = state of affairs

R v Larsonneur (1993)

Answer 2

sum: committed illegal immigration, deported back to UK against her will by irish police
sig: AR occured due to state of affiars

Question 3

railway crossing keeper = contractual duty

R v Pittwood (1902)

Answer 3

sum: D was a railway crossing keeper who forgot to close the gate
sig: omission can be AR where a contractual duty exists

Question 4

7 yr old starved = parentual duty

R v Gibbons and Proctor (1918)

Answer 4

sum: father and mother failed to feed 7yr old daughter so she died
sig: an omission can be the AR where a parental relationship/duty exists

Question 5

stones elderly sister = voluntary duty

R v Stone & Dobinson (1977)

Answer 5

sum: D took over care for stones elderly sister and failed to care for her so she died
sig: ommision can be AR where taken on duty voluntarily

Question 6

overdose = parental duty

R v Evans (2009)

Answer 6

sum: mother and half sister failed to seek medical help for daughter who overdosed
sig: mother= omission of parental duty, half sister = created situation by supplying drugs

Question 7

police officer saw attack didn’t intervene

R v Dytham (1979)

Answer 7

sum: police officer dailed to intervene in a violent attack they witnessed
sig: omission can be the AR where a duty toward V from contractual duty as police officer

Question 8

squater fire = chain of events

R v Miller (1983)

Answer 8

sum: squater set fire to bed accidentally and failed to extinguish fire or seek help
sig: an omission can be the AR where D has created situation/chain of events

Question 9

human shielf girlfriend

R v Pagett (1983)

Answer 9

sum: D used girlfriend as human shield against police
sig: ‘but for’ test satisfied as V wouldn’t have died if not used as shield

Question 10

posinined mothers drink

R v White (1975)

Answer 10

sum: D poisoned V’s drink but died of heart attacl before drinking
sig: ‘but for’ test not satisfied as D wasn’t factual cause of death

Question 11

refused blood transfussion = thin skull rule

R v Blaue (1975)

Answer 11

sum: D stabbed girl, she refused blood transfussion due to religious beliefs and died
sig: D guilty as thin skull tules sayd you have to take V as you found them

Question 12

soldier stab lung = overhwleming cause of death

R v Smith (1959)

Answer 12

sum: D stabbed soldiers lung and doctors gave him artificial respiration maiing him worse that lead to death
sig: D guilty as stab wound was overwhelming cause of death as it was the significant and operative cause.

Question 13

shot and tracheotomy

R v Cheshire (1991)

Answer 13

sum: V shot in thigh and stomach, triuble breathing so given tracheotomy but had complications doctors didn’t notice so died
sig: D still guilty as original injury operating ans substantial cause of death

Question 14

allergic antibiotics = chain of causation broken

R v Jordan (1956)

Answer 14

sum: V stabbed ins stomach, then twice given antibiotics allergic to, died.
sig: medical treatment was intervening act of a third party breaking chain of causation making original stab not substantial cause of death

Question 15

sexual advances in car = resaonable actions

R v Roberts (1971)

Answer 15

sum: girl jumped out car window to escape sexual advances and got injured
sig: D liable for injuries as victims reaction to attack were reasonably foreseable in proportion to threat

Question 16

Hitchhiker car = not in reason

R v Williams (1971)

Answer 16

sum: hitchhiker jumper out moving car and died of head injuries
sig: V’s actions not in proportion to threat and so injuries weren’t caused by D