Criminal Law Cases Flashcards
Criminal Law
1
Q
R V Pagett
Causation
A
Used Female as a human shield. Ended up dead. Guilty
But For Test
Actus Reus- Murder case- Causation
2
Q
R V White
Causation
A
Placed poison in mothers drink. She drank it but died from heart attack. Not guilty.
But For Test
3
Q
R V Cato
Cauastion
A
Gave another heroin together. Victim died . Guilty.
Operating and substantial cause
4
Q
R V Roberts
Causation
A
Jumped out a car to avoid sexual advances suffered concussion and bruises. Proportionate Response. Guilty
Novus Actus Intervenes
5
Q
R V Cunningham
A
Was stealing from gas meters. Did not know gas could leak and poisoned others. Guilty
Recklessness
Mens Rea- Murder - GBH Rule
6
Q
R V Laitmer
A
Attempted to hit man with his belt and missed. Hit another woman and she was injured. Guilty
Transferred Malice
7
Q
R V pembiton
A
Wanted to disperse people and threw stones. Missed and hit a window. Not guilty
Transferred Malice
8
Q
R V Church
Unlawful Homicide/ Coincedence Rule
A
Knocked out a girl, thought she was dead and threw her into a river then she died. Guilty
Coincidence Rule
9
Q
R V larsonneur
A
Deported from Ireland against will into UK . Charged with being an illegal alien. Guilty
Absolute Liability
10
Q
Winzar V CC of Kent
A
Was drunk and removed from a hospital. Placed in public for being drunk in public. Guilty
Absolute Liability
11
Q
R V Prince
A
Took underage girl out of possession of her father . But he believed the girl was over 18. Guilty
Strict Liability
12
Q
Callow V Tillstone
A
Butcher checked meat if it was fit to eat. vet said yes but it was not.
Sold the meat and was convicted. Guilty
Strict Liability
13
Q
Sweet V Parsley
A
Students had cannabis in the teachers house although she did not know. Guilty
Strict Liability
14
Q
R V Woolin
A
Was playing with child throwing it up and down. Baby dropped and fractured its skull and died. Guilty
Oblique Intent
Was the outcome virtually certain. Mens Rea- Murder-Oblique intent
15
Q
R V Blaue
Causation
A
Stabbed a Jehovah Witness she later dies due to religious reasons
Thin skull Rule
16
Q
R V Blythe
A
Threw toxic waste into water. Guilty
Negligence
17
Q
R v Ireland
Non-Fatal offences
A
Silent Phone calls to a woman. Guilty
Assault
18
Q
R V Lamb
Assualt
A
Pointed unloaded gun at V . V knew the gun was unloaded. Not guilty
Assault
Was guilty of unlawful Act mansulaghter
19
Q
Smith V CSF Woking
Non-Fatal offences
A
D stood in V Garden staring. Harm was imminent. Guilty.
Assault
20
Q
Turberville V Savage
Non-Fatal offences
A
Had a hand on his sword while speaking. Not guilty as words could prevent assault .
21
Q
Collins V Wilcock
Non-Fatal offences
A
Policeman wanted to stop prostitute to get her name. She grabbed his arm. Guilty.
Battery
22
Q
DPP V K
Non-Fatal offences
A
Acid in hair dryer placed by a boy. Guilty
Battery Indirectly.
23
Q
R V Thomas
Non-Fatal offences
A
Touching clothing. Guilty
Battery Indirectly
24
Q
R V savage
Non-Fatal offences
A
Threw a beer bottle over someone intentionally. Guilty
S.47 ABH
25
JCC V Eisenhower
| Non-Fatal Offences
Shot air gun rounds into the air. Hit someone and ruptured an internal blood vessel. Guilty
S. 20 Wounding
26
Brown and Stratton
| Non-Fatal offences
Kicked an transsexual multiple times. V had a concussion and minor injuries. Which added up to GBH. Guilty
S.20 GBH
27
R V Burstow
| Non-Fatal offences
Stalker gave the V Depression. Guilty
S.20 GBH can be psychiatric
28
R V Morrision
| Non-Fatal offences
Resisted arrest jumped our of an window. Officer grabbed him and followed. Scarring on officers face. Guilty
S.18 GBH
29
R V Taylor
| Non-Fatal offences
V had shallow scratches and a stab in the back .Not Guilty
Intent to wound was not sufficient.
S.18 GBH
30
R V Doughty
| Defences
Killed Baby due to provocation of it crying.
Loss of control
31
Miller
Started a fire with a cigarette and moved somewhere else to sleep.
Omission
32
Stone and Dobinson
Lived with sick relative and did not get her medical help
Voluntary acceptance of duty
33
R V Benge
| Causation
Mis-read train timetable. Placed signal man at incorrect distance. Train driver wasnt keeping proper look out
34
R V Jordan
Third party acts
| Causation
Victim was stabbed in the stomach. he was healing well but then had a allergic reaction to the antibiotic.
| Not Liable
35
R V Lipman
| Defences
Knowingly took drugs and alcohol
36
R V Allen
| Defences
Knowingly took drugs and alcohol stronger than he thought
37
R V Hardie
| Defences
Was reckless in the way he took the drugs and alcohol. Voluntary intoxication
38
R V Finely
| Fatal Offences
Scout leader took group of children. Had disregard toward human life to amount to GNM.
39
R V Edwards
| Involuntary Mansulaghter
Allowed 7 Year old daughter to play on the railway. She died
40
Fagan
| Coincidnce Rule
Contuining act drove on police officers foot
41
T v Dpp
| Non-Fatal offences
Momentary loss of conciosnuses
| ABH S.47
42
R V Dica
| Non-Fatal offences
Unprotected Sex
43
R V Vickers
| Fatal offences
Attacked savagley punching and kicking. Died of injuries
| Mens Rea
## Footnote
Murder
44
R V Maloney
| Fatal offences
Had a game of who could load gun first. Fired gun and killed Dad.
| Mansulaghter no intention
45
R V Adomako
| Fatal offenecs
Doctor failed to see oxygen pipe was disconnected. Decribed as abysmal
| Gross negligenece mansulaghter
46
Jersey V Holley
| Defences
Taunting was still releveant.
| Loss of control
## Footnote
Axe was going to be used to chop wood. V said u don't have the guts and then procceded to kill her
47
R V Mohammed
| Defences
A bad temper should be disregarded
| Loss of control
48
R V Bryne
| Defences
Ordinary humans would class it as abnormal
| Diminished repsonsibility
49
R V Speake
| Defences
Mental defiencey
| Diminished responsibility
50
R V Smith
| Defences
Pre menstural cycle
| Diminished responsibilty
51
R V Gittens
| Defences
Chronic depression
| Diminished responsibilty
52
Ahulawia
| Defences
Battered wife syndrome
| Diminished responibilty
53
R V Goodfellow
| Fatal offences
Set of a bomb hoping to get rehoused killed wife and kids.
| Unlawful act Manslaughter
## Footnote
Did not intend to permenatly deprive. Can only do so when it lost its goodness, virtue or practical value
54
R V Mitchell
| Fatal offences
Pushed an elderly man casuing him to fall into another old woman who then died
| Unlawful Act manslaughter/ Transferred Malice
55
R V Morris
| Theft
Switched the labels of the price tags
| S.3
56
DPP V Newbury and Jones
| Fatal Offences
Threw a rock from a bridge killed trained driver
| Unlawful Act manslaughter
57
R V Atakpu and Abrahams
| Theft
Appropiation is not an continuing act
By driving them in the Uk it was not a new appropriation
Not guilty
| S.3
58
R V Hinks
| Theft
Gifts can also be appropiation
| S.3
59
Oxford V Moss
| Theft
'Borrowed' an exam paper to find awnsers copied and returned it
| S.4
## Footnote
Not guilty. It was not intagible property
60
R V Marshall
| Theft
Reselling pre used travel cards
| S.4/S.6
## Footnote
This is also the intention to permenatly deprive
61
R V Kelly
| Theft
Could be property if it used by diffrerent attributes by applictaion of skill
| S.4
62
R V Webster
| Theft
Duplicate army medal the solider gave to his friend who sold it
| S.5
63
R V Turner
| Theft
D used spare set of keys to remove his car from a garage that was repaired to avoid paying for it
| S.5
64
# Theft- Belogning to another
R V Woodman
D was convicted of stealing scrap metal in dissued factory. Factory was in control of the company
| S.5
65
Davidage and Bunnett
| Theft
D gave his flatmate money to pay for gas. D spent money on Gifts and left the flat without paying
| S.5
66
# Theft- Belonging to another
DPP V Huskinson
Asked for housing benefit to paid directly to landlord instead was sent an cheque. Used the rest of the money for other things
| S.5
## Footnote
Not theft
67
# Theft- Dishonesty
R v Small
D saw a old scruffy car parts were missing and he thought it was abandoned and then drove of with it
| S.2
## Footnote
Owner could not be found by taking reaosnable steps
68
Ivey and Genting casinos
| Theft
Test of dishonesty needed to apply
Would a reasonable man find this dishonest
| S.2
## Footnote
This is confimred by R V Barton and Booth
69
DPP V Jones
| Theft
Broke headphones then gave them back
| S.6
70
R V Lloyd
| Theft
Took films and copied them. Not theft
| S.6
71
R V Velumyl
| Theft
Took money from company safe and used it. Tired to return it before monday but was caught
| S.6
## Footnote
Even if he had returned them they would not have been the same notes
72
# Theft- Permenantly depriving
R V Easom
Rumaged around in a bag did not take anthing
| S.6
## Footnote
Conditional intent
73
Dawson and James
| Robbery
Jostled with the V making him lose balance allowing for his wallet to be easily taken
| S.8
74
B&R V DPP
| Robbery
Does not matter if the victim was in fear as long as it was the D's intention
| S.8
75
R v Clouden
| Robbery
Force not need to be direct
| S.8
## Footnote
Forec exerted on victims bag
76
R V Bentham
| Robbery
Not necessary for the threat to be real
| S.8
77
R V Hale
| Robbery
Bugulars entered a house took jewllery then tied up the owners
| S.8
## Footnote
Theft was a continuing act. The force must be applied to the theft
78
Williams V Phillips
| Theft
Things can belong to the concuil even if they dont know that they have it
| S.3
## Footnote
It was in the bin belonging to the council and he took it from there.
79
R V Shivpuri
| Attempts
Was given a suitcase in which she thought had drugs. No drugs inside
| Possible to do the impossible
80
R V Stonehouse
| Attempts
Was D's last act necessary
| He had shot the Gun. That is the last act
81
Mason V DPP
| Attempts
Opening his car door while intoxicated
| This was not more than merley properitoary
82
R V Geddes
| Attempts
He was found in toilets. Looked like he was intending to kidnap
| Not more that merley properiatory.
83
R V Jones
| Attempts
Had his finger on the trigger but saftey was not released. He still pulled trigger
| Last act
84
DPP V Majewski
| Assualt
Becoming voluntarily intoxicated via drink or drugs was reckless conduct and reckless enough to constitute the MR of common assault
| Mens rea
85
R V Venna
| Battery
D was arrested for a public order offence and struggled violently with a police officer
| Mens rea
## Footnote
Was reckless
86
AG for Northen Ireland V Gallagher
| Defences
Decided to kill his wife. Bought whisky and a knife. He got drunk then killed his wife
| The Mens Rea had been formed before his intoxication.
87
Basic Intent
Volunatry intoxication
No Valid Defence
| R V Majewski
88
Basic Intent
Involuntary Intoxiaction
Valid Defence
R V Hardie- Taking dangerous drugs is recklessness
R V Kingston
89
Specific Intent
Voluntary Intoxication
Valid Defence
| R V Lipman
R V Sheehan&Moore
90
Specific Intent
Involuntary Intoxication
Valid Defence
| R V Bratty
91
# Defences- Insanity
R v Kemp
Disease of the mind can be "ordinary mental facilities of reason, memory and understanding." or a physical disease. In this case it was caused by hardening of the arteries going to the brain
92
# Defences- Insanity/Automatism
Hennessy
defendant was diabetic who hadn't taken his insulin for three days
- got in a stolen car and drove off
- had no recollection of driving the car
- amounted to insanity
93
# Defences- Insanity
R V Burgess
Sleepwalking was enough for insanity
94
# Defence - Insanity
R V Clarke
A defect of reason must be more than absent mindedness or confusion
95
# Defence-Automatism
R V Quick
Diabetes was caused by taking the inslulin. External factor. Automatism
96
# Defences- Insanity
R V Coley
Where D voluntarily takes an intoxicating substance this cannot be insanity.
97
# Defence - Insanity
R v Windle
D gave his wife 100 aspirin, she died and and when arrested said 'I suppose they will hang me for this', which showed he understood the nature and quality of his act as he knew it was legally wrong so Insanity failed.
98
# Defence- Insanity
R V Oye
D thought he was attacking evil spirits, he was in fact attacking police. This is an example of D not know the nature or quality of his act (insanity)
99
# Defence- Automatism
R V T
Automatism must be caused by an external factor. This could be exceptional stress.
100
# Automatism
AG Ref (No.2 of 1992) (1993)
automatism requires total lack of control.
101
# Defence- Intoxication
R V Hardie
Self induced automatism works in a similar way to intoxication. It will not be a defence to basic intent crimes if done recklessly. But if not reckless will be a defence.
102
# Defences- Intoxication
R v Lipman
Took LSD thought he was suffocating a snake
Murder is a crime of specific intent, manslaughter is a crime of basic intent. Vol intoxication can be a defence to specific but not basic intent crimes.
103
# Defence- Self Defence
R v Gladstone William
D may use an objectively reasonable amount of force given the circumstances he honestly believes to exist
104
# Defence- Self defence
R v Bird
Self-defence can be pre-emptive
105
# Defence- Self Defence
R v Rashford
Self-defence may be used by an antagonist where the other escalates
106
# Defence- Self defence
R v Clegg
The defence is a complete one, but if it fails it fails entirely where the risk has passed.
107
# Defence-Duress
R v Howe
Duress is not a defence to murder. Also stated obiter that it would not be a defence for attempted murder. This was followed in Gotts.
108
# Defence-Duress
R V Gotts
Duress not available for attempted murder
109
# Defences- Duress (By threat)
R v Cole
Duress by threat: there must be a direct connection between the threat and the crime
110
# Duress
R v Sharp
D may not rely on threats to which he has voluntarily laid himself open
| Part of a gang
111
# Defences- Duress (of circumstance)
R v Martin
Duress of circumstances:
- D compelled to act because he reasonably believed he had reason to fear that death or serious injury would result
- AND a reasonable sober person sharing D's characteristics would have acted the same way
112
# Duress
R v Abdul-Hussain
The threat need not be immediate, but it had to be imminent in the sense that it was 'hanging over them'.
113
# Non-Fatal Offences
R V Chanfook
Actual bodily harm should be harm that is more than "wholly insignificant". Also psychiatric harm is covered by ABH but must be more than mere emotions i.e. a recognised clinical condition.
114
# Non-Fatal offences
DPP v Santa-Bermudez
A battery can be committed through an omission. Here D failed to tell the police officer who was searching him about the needles in his pocket despite being asked.
115
# Novus actus Intervenus
R V Chesire
| 3rd Party
Must be so siginficant. Was still held liable even though the wounds had healed and the cause of death was the now the surgery gone wrong
116
# Novus actus Intervenus
R V Roberts
| Victims own act
Jumped out of the car to avoid sexual advances. The act was reasonably foreeseable.
117
# Novus actus Intervenus
R V Williams and Davies
| Victims own act
The act was unreasonably foreeseable as he had jumped out of the car
118
# Murder- Mens Rea
Matthew and Alleyene
Foresight of conseqeunce. Threw child of bridge when they knew he could not swim
119
# Murder- Mens Rea
Hancock and Shankland
Foresight of conseqeunce. Threw rocks of bridge broke a window and killed driver below
120
# Non fatal-offences
R V Constanza
Had made numerous phone calls and drove past her house. She suffered clinical depression and anxiety. Caused Harm
| ABH
121
# Non fatal offences
R v Martin
Shouted fire and turned off the lights.People panicked and were servely injuired
| s.20 GBH
122
# Non fatal offences
R V Belfon
Slashed victim with razor causing severe wounds to his face and chest.
| s.18 GBH
123
# Attempts
Mason V DPP
Opening the door was not more than merley preparatory
124
# Attempts
Geddes
He had only got himself in a position to do so. Was not held
125
# Attempts
Campbell
There was no evidence that his acts were more than merley preparatory
126
# Attempts
Jones
D must come close to commiting the full offence but there may be some acts left to perform before the substantive offence is committed. Was more than merely preparatory
127
# Attempts
Anderton V Ryan
Was not held guilty as the facts she had known were not true. S.1 (2) did not apply
128
# Attempts
R V Shivpuri
Convicted of attempt as she had knowingly concerned herself in the dealings of drugs
129
# S.18
R V Bollom
Due to the age of the victim it was moved from S.20 to s.18 as the injuries were serious enough
130
