criminal Flashcards
cases
Marchant v Muntz (2003)
ACTUS REUS
A motorcyclist impailed himself on the grab attached to a loading vehicle after driving 80mph. It was held that the driver and farmer were not morally responsible. Even if the grab was concealed by a guard, the driver would still have died.
point of law:
there must be actus reus that caused the incident
R v Larsonneur (1933)
ACTUS REUS
The defendant, a French woman, was deported against her will, from Ireland to England, by the Irish authorities. Upon her arrival she was immediately charged with the offence of ‘being’ an illegal alien. Her conviction was upheld despite the fact that she had not voluntarily come to England
point of law:
It did not matter that the defendant did not choose to be there. This was a strict liability offence.
R v Mitchell (1983)
ACTUS REUS
The appellant tried to jump the queue at a Post Office. An elderly man took issue with the appellant’s behaviour and challenged him. The appellant hit the old man and pushed him. The man fell back onto others in the queue including an elderly lady who fell and broke her leg. She later died. The appellant was convicted of manslaughter and appealed contending that the unlawful act was not directed at the woman.
R v Gibbins and Proctor (1918)
OMISSIONS
The appellants were convicted of murdering a seven-year-old girl in their care after they allowed her to starve to death. Gibbins was the girl’s father, while Proctor was his mistress. The couple lived together with Gibbins’ children. Proctor hated the girl, and had a history of abusing her. Gibbins gave money to Proctor to look after his children, and claimed that he thought the child was looked after. Gibbins appealed his conviction for murder, arguing that he could only be guilty of manslaughter.
