Criminal Law - Case Studies Flashcards
Shaw v DPP
YEAR
- 1962
TEXTBOOK
- 18.1.2 Conduct criminalised by the judges
PRINCIPLE
- The offence of conspiracy to corrupt public morals
CASE
- The defendant published a Ladies Directory which
advertised the names and addresses of prostitutes, with
their photographs and details of the ‘services’ they were
prepared to offer. He was charged with conspiracy to
corrupt public morals. The House of Lords accepted
that there was a common law offence of conspiracy to
corrupt public morals, as there did not appear to be a
statutory offence which covered the situation.
Woolmington v DPP
YEAR
- 1935
TEXTBOOK
- 18.5 Rules governing the burden of proof
PRINCIPLE
- The burden of proof is on the prosecution
CASE
- D’s wife had left him and gone to live with her mother. D
went to the mother’s house and shot his wife dead. He
claimed that he had decided to ask his wife to come back
to him and, if she refused, that he would commit suicide.
For this reason he was carrying under his coat a loaded
sawn-off shotgun. When his wife indicated that she
would not return to him, he threatened to shoot himself
and brought the gun out to show her he meant it. As he
brought it out, it somehow went off, killing his wife. He
claimed that this was a pure accident.
The judge at the trial told the jury that the prosecution
had to prove beyond reasonable doubt that the
defendant killed his wife. He then went on to tell them
that, if the prosecution satisfied them of that, the
defendant had to show that there were circumstances
which made that killing pure accident. This put the
burden of proof on the defendant to prove the defence.
In the House of Lords it was held that this was not
correct.
R v Mitchell
YEAR
- 1983
TEXTBOOK
- 19.1.4 Voluntary nature of actus reus
PRINCIPLE
- The act or omission must be voluntary on the part of the defendant.
CASE
- D tried to push his way into a queue at the post office.
A 72-year-old man told him off for this. D punched
this man, causing him to stagger backwards into an
89-year-old woman. The woman was knocked over and injured, and a few days later died of her injuries. D was convicted of unlawful act manslaughter. The man who
had been punched and fallen against the woman was
not liable for any criminal act.
