cases written in lesson Flashcards
omissions
r v dytham
- defendant was a plice offier witnessed the was wted the v
r v dytham
- police officer has a duty to public. due tohis official position.
court held that the police officer has a duty of caren to all of of society
can also uses thin in law in justice, nd morality
manslaughter
r v vans ddict. mother and sister brought duagter heroin. sheinjected it herdelf, in her mother house.
victim was a herion addict
became clear she had overdosed she put her to sleep
- created a dangerous situation by bring the drugs to her house. life threatning situatio
- failed to do anythig when it was clear she was overdosing. ,- gross negigance manslauhter
- failed to intervne
- ommisios - fails to interveine - danger category .
strict liability
WATCH HIS VIDEO
sweet v parsley
defendat rented her property to tenants during their teenancy drugs were found ith in the property.
d was concerned in the
- origally was found guility. she appealed and they she was found not guilty.
- needed mens rrea. steffany sweet had no mens rea when the case reached the house of courts.
- stirct liability, morality , justice question , judical precedant - reversing
r v gibbens and proctor
crimnal law
muder
ommission
- gibisons wife had left her resulting in him and his dsughter, nelly gaed 7 moving in wit a nther women. EDIT
- gibbions and proctor were both convicted for ommison
- failed duty o care by relationship.
- proctor had taken up this responsability wne taking her into her house tkimg rle as mother
r v dawe
loss of control - qalifying trigger
- lack of fear trigger
d has nsihted the violenvce - brought it upon them self
defendant had come hoe saw his wide wit naother man. got a vodka bottle.
v too te vodka bottle to use as a defence
appeal dimissed, defence not available
he sdtarted the figh n th first palce.
r v jewell
loss of control
v and d work togeter, arrangemet of car sharing. d got out of van and shot the v in the tsomach kilig him.
denid the intending to kill.
- he said their was an explosion in hsi head
courts ruels there was evidence failed dor oss of cntrol becuase he planned the night before.
- definiton of loss control
- a loss of ability to act ina ccordance with considered judgemnet or a loss of normal power reasoning.
