Criminal Law Cases

Question 1

Involuntary/ voluntary acts of AR

Answer 1

Hill v Baxter
(Court have examples where a drivers actions couldn’t be voluntary e.g swarm of bees in car)

Question 2

State of affairs

Answer 2

Larsoneur
(Found guilty of being an alien even when she was deported against her will)

Question 3

No liability- omission

Answer 3

Paris
( French journalists close to being charged for failing to helping princess diana)

Question 4

Exceptions of omission

Answer 4

Pittwood
(Failed to shut railway gates and consequently pedestrian was killed. Found guilty because he had a contractual duty)

Question 5

Exceptions of omission (Duty through relationship case)

Answer 5

Gibbins + proctor
(Duty through relationship- parents starved daughter so they didn’t have to look after her. Guilty of murder)

Question 6

Causation- factual cause

Answer 6

Paggett
(Used pregnant girlfriend as a human shield, GF got shot by police and killed “but for” paggett using her as a shield she died so he was guilty)

Question 7

Causation- legal cause

Answer 7

White
(Put cyanide in mothers drink to kill her, died of heart attack before drink but was guilty of attempted murder)

Question 8

Thin skull rule- causation

Answer 8

Blaue
( stabbed by D, required blood transfusion but refused due to religion she died and D guilty of murder)

Question 9

Chain of causation- broken

Answer 9

Jordan
(V stabbed and was recovering was given antibiotics but suffered allergic reaction then a second doctors have a larger dose and killed him. Doctors guilty of murder due to it being an intervening act)

Question 10

Chain of causation- victims own act

Answer 10

Williams
(V hitch hiked a ride but threw himself out of car thinking he was in danger when he wasn’t and consequently died of head injury. Williams not guilty of murder.

Question 11

Direct intention

Answer 11

Mohan
(D refused to stop when asked by policeman and instead drove towards policeman)

Question 12

MR- Oblique intention

Answer 12

Nedrick
(D poured petrol in woman’s letter box and set it alight, child died consequently but D didn’t think anyone was home, D was G of Manslaughter)
His case introduce the virtual certainty test

Question 13

Which type of MR did Woolins case show

Answer 13

Oblique intention

Question 14

MR- Recklessness

Answer 14

Cunningham
( D tore gas metres off peoples houses and one occasion gas leaked into house and poisoned women, NG as intent was not there)

Question 15

MR- Negligence

Answer 15

Adomako
Aneathestist failed to recognise oxygen was disconnected for 4 mins, patient died and his breach resulted in gross negligent manslaughter)

Question 16

Transferred malice in MR

Answer 16

Latimer
(D intended to strike one person with belt however belt bounced off that person and struck a women in the face with the belt, G of assault even if the intent to hit her wasn’t there)

Question 17

Case that can be used for coincidence of MR and AR + Battery

Answer 17

Fagan
(Parked car over police man’s foot, when asked to move car he refused.)
MR- leaving car on foot
AR- parking car on foot

Question 18

Strict liability offence case where MR is not required

Answer 18

Callow v Tillstone
(Sold contaminated meat and MR doesn’t need to be proven)

Question 19

Non fatal offences- assault

Answer 19

Smith v Woking
(D stared at V through window and caused fear so therefore G)
Remember Woking/window

Question 20

Which case involved silent phone calls

Answer 20

Ireland
G of assault

Question 21

Battery case

Answer 21

Fagan
Or
Thomas
(D rubbed hem of a women’s skirt and touching clothing is equivalent to touching the body so G of battery)