CASES FOR ELEMENTS OF A CRIME Flashcards
What is the case for contractual duty?
Pittwood 1902- D worked for the railway, a man was killed on the railway line when D didn’t close the gate
What is the case for relationship duty?
Gibbons and Proctor 1918- a father and his partner killed his child by starving her
What is the case for assuming responsibility voluntarily duty?
Stone and Dobinson 1977- D and his gf chose to look after his elderly sister, she died of neglect and poor treatment
What is the case for public office duty?
Dytham 1979- Police watched a fight and didn’t break it up
What is the cases for creating a dangerous sitch?
Miller 1983- man dropped cigerette and started a fire, he moved to a different room and the house burned down
Santana Bermudez V DPP 2003- Man poisoned police when she was patting him down
case for factual causation
R v Pagett 1983- D kidnapped his preg gf and ended in a standoff with the police. D used her as a human shield and she got shot as he fired at the police
What is the case where D poisoned his mother to gain inheritance but she coincidentally died of a heart attack, not related to the poisoning
R v White 1910
Whats the case for legal causation?
R v Smith 1959- D stabbed V and punctured his lung, medics were called and didn’t know about the lung so gave him CPR and he died.
Whats the case for acts of the third party?
R v Pagett
R v Jordan- D shot V in the stomach, V almost recovered, doctors gave him antibiotics which he had an allergic reaction too so were told to not give them again, another doc gave him same antibiotics and he went into cardiac arrest
Whats the case for acts of the victim?
R v Roberts- D picked up hitchhiker and made sexual advances so she jumped out of the car and broke leg
R v Williams- D picked up V, V thought they were being robbed so jumped and died
Whats the case for the thin skull rule?
R v Blaue 1975- D stabbed Jehovah’s witness and when V was taken to hospital they needed a blood transfusion to survive but didn’t take it because of their religion and died
Case for direct intention
R v Mohan 1975- D sets out/aims/decides to bring about a prohibited consequence
Case for recklessness
R v Cunningham- D realises a risk and carries on regardless
Case for oblique intention
Woolin 1999-
1. Consequence of D’s conduct was virtually certain to the reasonable person
2. D realised the consequence was virtually certain
What is the case of Matthews and Alleyne?
D’s threw V into a river throwing that V cant swim
Whats the case of transfered malice?
R v Latimer- Mens rea can be transferred from the intended victim to the actual victim meaning D is guilty
R v Pembilton- You cant transfer intention to hit people to property and vice versa
Case for single transaction theory
R v Thabo Meli- Court extends MR to coincide with the AR so there is 1 transaction
Case for continuing act
Fagan v MPC- Extends AR to coincide with the MR
what case is where acts of the 3rd party did break the chain
r v jordan
what case is where acts of the 3rd party did not break the chain
r v smith
test for legal c
operative and substantial cause
test for factual c
but for
