Criminal Cases Flashcards
Actus reus - Case example of D not acting voluntarily
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
Rules of causation (Factual Causation) - Case example
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
Rules of causation (Legal Causation) - Case example
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
Mens rea (intention) - case example
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
Murder - case example
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.
Loss of control - case example
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
Diminished responsibility - case example
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.
Voluntary manslaughter - Case example
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
Involuntary manslaughter (unlawful and dangerous act manslaughter) - case example
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
Involuntary manslaughter (gross negligence manslaughter) - case example
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
Assault - case example
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.
Battery ‘Recklessness’ - Case example
R v Pamenter - D was holding a baby heavy handed and caused it to suffer injuried. This fullfils the mens rea for battery.
Battery ‘Application’ - case example
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
ABH s.47 - case example
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.
GBH s.20 - case example
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.
Theft - actus reus case example
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
Theft - mens rea case example
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
Robbery - case example
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
Preliminary offence: attempt - case example
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
The ‘impossible’ crime - case example
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.
Insanity - Case example
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
Automatism - case example
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
Self defence - case example
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
Voluntary intoxication - case example
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
