Cases Section 1B

Question 1

Hill v Baxter

Answer 1

The actus reus must be voluntary

Question 2

R v Gibbons and Proctor

Answer 2

Duty to act as parents. Omission

Question 3

R v Stone and Dobbinson

Answer 3

Assumed duty to act. Omission

Question 4

R v Pitttwood

Answer 4

Contractual duty to act. Omission

Question 5

R v Dytham

Answer 5

Public duty to act. Omission

Question 6

R v Miller

Answer 6

1.chain of events.Omission
2. ABH, result of harm or injury
3. Hurt/injury interferes with v’s health and discomfort

Question 7

R v White

Answer 7

Factual causation ‘but for’ test

Question 8

R v Smith

Answer 8

1.Operating and substantiating cause of death/injury
2. Act of 3rd party

Question 9

R v Cheshire

Answer 9

Medical negligence will not break the chain

Question 10

R v Roberts

Answer 10

Victims own actions are reasonable and foreseeable

Question 11

R v Blaue

Answer 11

Thin skull rule

Question 12

R v Mohan

Answer 12

Intention

Question 13

R v Cunningham

Answer 13

Recklessness

Question 14

R v Latimer

Answer 14

Transferred malice: D meant to strike indented V but got nearby woman instead

Question 15

R v Pembiltion

Answer 15

Transferred malice: can’t transfer malice if no intent

Question 16

Fagan v MPC

Answer 16

1. Establishing Actus reus of assault
2. Coincidence rule

Question 17

R v Thabo Meli

Answer 17

Coincidence rule: D had the MR of the offence but the AR didn’t happen until later

Question 18

Sweet v Parsley

Answer 18

Mens rea is presumed necessary unless statute states otherwise

Question 19

Smith v Supt of Working

Answer 19

1. Apprehend
2. Immediate

Question 20

R v Logdon

Answer 20

V can have an awareness of violence even if D is joking

Question 21

R v Ireland

Answer 21

Unlawful violence can be apprehended due to sielest phone calls

Question 22

R v Contanza

Answer 22

Unlawful violence can be apprehended due to words/letters

Question 23

Tubercular v Savage

Answer 23

Words can nullify an assault

Question 24

Cole v Turner

Answer 24

Slightest touch done in anger

Question 25

Collins v Wilcock

Answer 25

Victim must not consent to touch

Question 26

Haystead v DPP

Answer 26

Application can be indirect

Question 27

Savage

Answer 27

1.apply unlawful physical force 2. Words can nullify assault

Question 28

Romford jury

Answer 28

Challenge to the array

Question 29

White v Jones

Answer 29

Solicitors negligence

Question 30

Dpp v smith

Answer 30

GBH = really serious harm

Question 31

Burstow

Answer 31

GBH can be serious psychiatric harm and can be indirect

Question 32

Dicia

Answer 32

Biological harm can be GBH

Question 33

R v Brown and Stratton

Answer 33

Less injuries combined can be GBH

Question 34

Mortiary

Answer 34

A break to the second layer of the skin is wounding

Question 35

Eisenhower

Answer 35

Internal bleeding doesn’t count as wounds

Question 36

Ireland

Answer 36

Silent phone calls

Question 37

Thabo meli

Answer 37

Coincidence rule

Question 38

Blaue

Answer 38

Thin skull rule

Question 39

Woolin

Answer 39

Oblique intent

Question 40

Gammon v HK

Answer 40

Rules of strict liability

Question 41

Mitchell

Answer 41

Transfered malice: must be same typa crime

Question 42

Chan Fook

Answer 42

More than trivial less than serious

Question 43

DPP v K

Answer 43

ABH can be indirectly caused