Criminal Cases

Question 1

Actus reus - Case example of D not acting voluntarily

Answer 1

Hill v Baxter - Delvin gave an example of a D driving dangerously but he was being attacked by a swarm of bees so he could not be liable for the accident he caused as he was not acting voluntarily

Question 2

Rules of causation (Factual Causation) - Case example

Answer 2

R v White - D put poison in his mum’s milk intending to kill her. She died in a hospital of a heart attack not poison. So he was only guilty of attempt

Question 3

Rules of causation (Legal Causation) - Case example

Answer 3

R v Smith - 2 soldiers got into a fight and the D stabbed the V. V was dropped multiple times on the way to the medical tent and the doctor failed to examine him properly. D was still guilty as the stab wound was a substantial cause

Question 4

Mens rea (intention) - case example

Answer 4

R v Mohan - D drove his car quickly when police officer ordered him to stop, car almost hit officer. Charged with attetmpted ABH but appeal was allowed as it had to be proven D intended the crime. Charged with Intent to cause assault

Question 5

Murder - case example

Answer 5

Matthews and Alleyne - 2 boys threw the victim into a river knowing he couldnt swim, he eventually drowned. They argued they didn’t intend to kill him but court found them guilty as death was vertually certain.

Question 6

Loss of control - case example

Answer 6

R v Clinton - D suffered depression the past couple weekd, so him and his wife went on a break. She had an affair and taunted him about it many times. When they met up he killed her. Murder dropped to manslaughter as loss of control defence succeeded

Question 7

Diminished responsibility - case example

Answer 7

R v Golds - D has a history of mental disorders, killed his partner by stabbing her. His judgement was ‘substantially impaired’, defence of diminished responsibility worked, murder dropped to manslaughter.

Question 8

Voluntary manslaughter - Case example

Answer 8

R v Bryne - Murdered a young girl at a YMCA hostel after she refused to not have sex with him. Found he was suffering from abnormal state of mind so his murder conviction dropped to manslaughter

Question 9

Involuntary manslaughter (unlawful and dangerous act manslaughter) - case example

Answer 9

R v Lowe - D neglected his child causing it to die of dehydration. The ‘Neglect’ was seen as a dangerous act so he was guilty of unlawful and dangerous act manslaughter

Question 10

Involuntary manslaughter (gross negligence manslaughter) - case example

Answer 10

R v Adomako - D was in charge of a patient during eye surgery, oxygen pipe burst and he failed to see obvious signs. Guilty of gross negligence manslaughter, as D was in breach of duty of care

Question 11

Assault - case example

Answer 11

Smith v Woking police - D peaked throught a womens house when the women saw him she screamed and called the police. D charged with assault as victim feared immediate danger.

Question 12

Battery ‘Recklessness’ - Case example

Answer 12

R v Pamenter - D was holding a baby heavy handed and caused it to suffer injuried. This fullfils the mens rea for battery.

Question 13

Battery ‘Application’ - case example

Answer 13

Collins v Willcocks - 2 officers thought a women was soliciting prostitutions, when they confronted her she walked away so officers grabbed her arms. This amounted to battery

Question 14

ABH s.47 - case example

Answer 14

R v Roberts - Girl jumped out of a moving car when trying to avoid the D’s sexual advances an suffered bruises and cuts. D had MR and AR as assault led to ABH.

Question 15

GBH s.20 - case example

Answer 15

R v Savage - D poured a pint of drink over V’s head, pint slipped and cut the V’s wrist, this completed the mens rea.

Question 16

Theft - actus reus case example

Answer 16

R v Morris - D was shopping and decided to switch price labels of 2 items to try and get it at a cheaper price. He had ‘appropriation’ and was found guilty of theft

Question 17

Theft - mens rea case example

Answer 17

R v Lloyd - D worked in the cinema and took films so him and his coworkers can make copies. Held there was no theft as he did not fulfill ‘intention to perminantly deprive’ as he returns the copies, no value was lost

Question 18

Robbery - case example

Answer 18

R v Dawson and James - D pushed the V so he would lose balance, then the second D took his wallet. Court found them guilty of robbery as ‘force’ was used

Question 19

Preliminary offence: attempt - case example

Answer 19

R v Jones - D got into V’s car and tried to shot him with a shotgun but the safety was on so it didnt go off. Found guilty of attempt, when he pointed the gun he gained intent

Question 20

The ‘impossible’ crime - case example

Answer 20

R v Jones - D tried to solicit young girls for sex, including ‘Amy’ who he thought was 12 but was an undercover policewomen. Guilty of inciting a child under the age of 13 to engage in sexual activity even though ‘Amy’ wasn’t 13.

Question 21

Insanity - Case example

Answer 21

R v Hennesey - D didn’t take insuling for 3 days, he was diabetic, in an emotional state as his wife left him, he stole a car. He had desease of mind stemming from internal source

Question 22

Automatism - case example

Answer 22

R v T - D took part in a robbery 3 days after being raped, she pleaded defence of automatism as she suffered PTSD from external factor. Rape was external factors so defence was allowed

Question 23

Self defence - case example

Answer 23

R v Bird - D and her ex bf got into an arguement. The bf slapped her and pushed her into the wall, D punched him forgetting she had a glass in her hands and gauged her eyes out. D was acting in self defence

Question 24

Voluntary intoxication - case example

Answer 24

DPP v Majeweski - D drank excessive amounts of alcohol and took drugs then got into a fight. His conviction for ABH was upheld due to his recklessness in getting intoxicated

Question 25

Duress of threath - case example

Answer 25

R v Sharp - D was in a criminal gang known for armed robberies, when he wished to leave he was threatened with serious violance. Robbed a post office and post master was killed, Defence was rejected and he was guilty of murder