Conduct CASES & STATUTES Flashcards
Definition of murder (Cunningham)
the unlawful killing of another human being within the Queen’s peace, with malice aforethought
Ireland; Burstow
D made silent calls to three women. Held that D could assault V by words or mere silence
Failing to provide specimen of breath
s6 RTA
Failing to stop and give details re RTA
s170 RTA
duty to provide food and clothing to children
s1 Children and Young Persons Act
Shama
D convicted under s17 Theft Act of false accounting
failing to disclose information
s3 Fraud Act
Pittwood
V killed by oncoming train
Yaqoob
failed to inspect tyres
Gibbins and Proctor
deliberately withheld food from his child
Hood
D sole carer of wife (V) and he failed to call ambulance. Low standard of care contributed to death
Airedale NHS Trust v Bland
HELD if no longer in best interest of patient to be kept alive, doctors could be relieved of duty to act
Dytham
PC failed to intervene when V ejected and beaten to death by bouncer
Stone and Dobinson
V became bedridden and Ds convicted of m/s. breached duty to act from assumption of responsibility
Instan
aunt’s death accelerated from neglect - m/s
Miller
guilty of criminal damage. created dangerous situation and had duty to act to remove danger
DPP v K (a minor)
guilty of assault. failed to remove acid from hand dryer
Santana-Bermudez
syringe in pocket.
HELD where D exposes person to foreseeable risk and D fails to prevent risk, amounts to AR of battery
Evans
D bought heroin
V self-administered
HELD duty to act to save V’s life where D creates state of affairs
Wacker
duty exists even where D also engages in criminal activity - 58 illegal immigrants
Willoughby
HELD duty owed to friend who engaged in criminal liability
Pagett
D’s hostage would not have been killed “but for” D’s conduct
D was legal cause
White
factual causation not established
died of unrelated heart failure
Dalloway
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)
Smith 1959 and Cato 1976
D’s conduct must be an operating and substantial cause of the result meaning “more than a minimal contribution”
Kimsey
D’s act/omission had to be “something more than a slight or trifling link”
Rafferty
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
