Conduct CASES & STATUTES

Question 1

Definition of murder (Cunningham)

Answer 1

the unlawful killing of another human being within the Queen’s peace, with malice aforethought

Question 2

Ireland; Burstow

Answer 2

D made silent calls to three women. Held that D could assault V by words or mere silence

Question 3

Failing to provide specimen of breath

Answer 3

s6 RTA

Question 4

Failing to stop and give details re RTA

Answer 4

s170 RTA

Question 5

duty to provide food and clothing to children

Answer 5

s1 Children and Young Persons Act

Question 6

Shama

Answer 6

D convicted under s17 Theft Act of false accounting

Question 7

failing to disclose information

Answer 7

s3 Fraud Act

Question 8

Pittwood

Answer 8

V killed by oncoming train

Question 9

Yaqoob

Answer 9

failed to inspect tyres

Question 10

Gibbins and Proctor

Answer 10

deliberately withheld food from his child

Question 11

Hood

Answer 11

D sole carer of wife (V) and he failed to call ambulance. Low standard of care contributed to death

Question 12

Airedale NHS Trust v Bland

Answer 12

HELD if no longer in best interest of patient to be kept alive, doctors could be relieved of duty to act

Question 13

Dytham

Answer 13

PC failed to intervene when V ejected and beaten to death by bouncer

Question 14

Stone and Dobinson

Answer 14

V became bedridden and Ds convicted of m/s. breached duty to act from assumption of responsibility

Question 15

Instan

Answer 15

aunt’s death accelerated from neglect - m/s

Question 16

Miller

Answer 16

guilty of criminal damage. created dangerous situation and had duty to act to remove danger

Question 17

DPP v K (a minor)

Answer 17

guilty of assault. failed to remove acid from hand dryer

Question 18

Santana-Bermudez

Answer 18

syringe in pocket.

HELD where D exposes person to foreseeable risk and D fails to prevent risk, amounts to AR of battery

Question 19

Evans

Answer 19

D bought heroin
V self-administered
HELD duty to act to save V’s life where D creates state of affairs

Question 20

Wacker

Answer 20

duty exists even where D also engages in criminal activity - 58 illegal immigrants

Question 21

Willoughby

Answer 21

HELD duty owed to friend who engaged in criminal liability

Question 22

Pagett

Answer 22

D’s hostage would not have been killed “but for” D’s conduct
D was legal cause

Question 23

White

Answer 23

factual causation not established

died of unrelated heart failure

Question 24

Dalloway

Answer 24

driving horse and cart and hit V
found not guilty

Driving negligent and was factual cause of death BUT D would never have been able to stop even if driving properly - no legal causation (not legally to blame)

Question 25

Smith 1959 and Cato 1976

Answer 25

D’s conduct must be an operating and substantial cause of the result meaning “more than a minimal contribution”

Question 26

Kimsey

Answer 26

D’s act/omission had to be “something more than a slight or trifling link”

Question 27

Rafferty

Answer 27

Robbed V on beach and D left whilst X’s murdered him.
M/S on basis he did cause the AR of murder
conviction quashed because assault did not cause death
intervening act broke the chain