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Criminal Law > Criminal Law Cases > Flashcards

Criminal Law Cases Flashcards

Criminal Law

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1
Q

R V Pagett

Causation

A

Used Female as a human shield. Ended up dead. Guilty
But For Test

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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

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3
Q

R V Cato

Cauastion

A

Gave another heroin together. Victim died . Guilty.
Operating and substantial cause

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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

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5
Q

R V Cunningham

A

Was stealing from gas meters. Did not know gas could leak and poisoned others. Guilty
Recklessness

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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

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7
Q

R V pembiton

A

Wanted to disperse people and threw stones. Missed and hit a window. Not guilty
Transferred Malice

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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

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9
Q

R V larsonneur

A

Deported from Ireland against will into UK . Charged with being an illegal alien. Guilty
Absolute Liability

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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

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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

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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

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13
Q

Sweet V Parsley

A

Students had cannabis in the teachers house although she did not know. Guilty
Strict Liability

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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

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15
Q

R V Blaue

Causation

A

Stabbed a Jehovah Witness she later dies due to religious reasons
Thin skull Rule

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16
Q

R V Blythe

A

Threw toxic waste into water. Guilty
Negligence

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17
Q

R v Ireland

Non-Fatal offences

A

Silent Phone calls to a woman. Guilty
Assault

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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

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19
Q

Smith V CSF Woking

Non-Fatal offences

A

D stood in V Garden staring. Harm was imminent. Guilty.
Assault

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20
Q

Turberville V Savage

Non-Fatal offences

A

Had a hand on his sword while speaking. Not guilty as words could prevent assault .

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21
Q

Collins V Wilcock

Non-Fatal offences

A

Policeman wanted to stop prostitute to get her name. She grabbed his arm. Guilty.
Battery

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22
Q

DPP V K

Non-Fatal offences

A

Acid in hair dryer placed by a boy. Guilty
Battery Indirectly.

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23
Q

R V Thomas

Non-Fatal offences

A

Touching clothing. Guilty
Battery Indirectly

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24
Q

R V savage

Non-Fatal offences

A

Threw a beer bottle over someone intentionally. Guilty
S.47 ABH

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25
Q

JCC V Eisenhower

Non-Fatal Offences

A

Shot air gun rounds into the air. Hit someone and ruptured an internal blood vessel. Guilty
S. 20 Wounding

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26
Q

Brown and Stratton

Non-Fatal offences

A

Kicked an transsexual multiple times. V had a concussion and minor injuries. Which added up to GBH. Guilty
S.20 GBH

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27
Q

R V Burstow

Non-Fatal offences

A

Stalker gave the V Depression. Guilty
S.20 GBH can be psychiatric

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28
Q

R V Morrision

Non-Fatal offences

A

Resisted arrest jumped our of an window. Officer grabbed him and followed. Scarring on officers face. Guilty
S.18 GBH

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29
Q

R V Taylor

Non-Fatal offences

A

V had shallow scratches and a stab in the back .Not Guilty
Intent to wound was not sufficient.
S.18 GBH

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30
Q

R V Doughty

Defences

A

Killed Baby due to provocation of it crying.
Loss of control

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31
Q

Miller

A

Started a fire with a cigarette and moved somewhere else to sleep.
Omission

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32
Q

Stone and Dobinson

A

Lived with sick relative and did not get her medical help
Voluntary acceptance of duty

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33
Q

R V Benge

Causation

A

Mis-read train timetable. Placed signal man at incorrect distance. Train driver wasnt keeping proper look out

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34
Q

R V Jordan

Third party acts

Causation

A

Victim was stabbed in the stomach. he was healing well but then had a allergic reaction to the antibiotic.

Not Liable

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35
Q

R V Lipman

Defences

A

Knowingly took drugs and alcohol

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36
Q

R V Allen

Defences

A

Knowingly took drugs and alcohol stronger than he thought

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37
Q

R V Hardie

Defences

A

Was reckless in the way he took the drugs and alcohol. Voluntary intoxication

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38
Q

R V Finely

Fatal Offences

A

Scout leader took group of children. Had disregard toward human life to amount to GNM.

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39
Q

R V Edwards

Involuntary Mansulaghter

A

Allowed 7 Year old daughter to play on the railway. She died

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40
Q

Fagan

Coincidnce Rule

A

Contuining act drove on police officers foot

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41
Q

T v Dpp

Non-Fatal offences

A

Momentary loss of conciosnuses

ABH S.47

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42
Q

R V Dica

Non-Fatal offences

A

Unprotected Sex

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43
Q

R V Vickers

Fatal offences

A

Attacked savagley punching and kicking. Died of injuries

Mens Rea

Murder

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44
Q

R V Maloney

Fatal offences

A

Had a game of who could load gun first. Fired gun and killed Dad.

Mansulaghter no intention

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45
Q

R V Adomako

Fatal offenecs

A

Doctor failed to see oxygen pipe was disconnected. Decribed as abysmal

Gross negligenece mansulaghter

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46
Q

Jersey V Holley

Defences

A

Taunting was still releveant.

Loss of control

Axe was going to be used to chop wood. V said u don’t have the guts and then procceded to kill her

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47
Q

R V Mohammed

Defences

A

A bad temper should be disregarded

Loss of control

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48
Q

R V Bryne

Defences

A

Ordinary humans would class it as abnormal

Diminished repsonsibility

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49
Q

R V Speake

Defences

A

Mental defiencey

Diminished responsibility

50
Q

R V Smith

Defences

A

Pre menstural cycle

Diminished responsibilty

51
Q

R V Gittens

Defences

A

Chronic depression

Diminished responsibilty

52
Q

Ahulawia

Defences

A

Battered wife syndrome

Diminished responibilty

53
Q

R V Goodfellow

Fatal offences

A

Set of a bomb hoping to get rehoused killed wife and kids.

Unlawful act Manslaughter

Did not intend to permenatly deprive. Can only do so when it lost its goodness, virtue or practical value

54
Q

R V Mitchell

Fatal offences

A

Pushed an elderly man casuing him to fall into another old woman who then died

Unlawful Act manslaughter/ Transferred Malice

55
Q

R V Morris

Theft

A

Switched the labels of the price tags

S.3

56
Q

DPP V Newbury and Jones

Fatal Offences

A

Threw a rock from a bridge killed trained driver

Unlawful Act manslaughter

57
Q

R V Atakpu and Abrahams

Theft

A

Appropiation is not an continuing act
By driving them in the Uk it was not a new appropriation
Not guilty

S.3

58
Q

R V Hinks

Theft

A

Gifts can also be appropiation

S.3

59
Q

Oxford V Moss

Theft

A

‘Borrowed’ an exam paper to find awnsers copied and returned it

S.4

Not guilty. It was not intagible property

60
Q

R V Marshall

Theft

A

Reselling pre used travel cards

S.4/S.6

This is also the intention to permenatly deprive

61
Q

R V Kelly

Theft

A

Could be property if it used by diffrerent attributes by applictaion of skill

S.4

62
Q

R V Webster

Theft

A

Duplicate army medal the solider gave to his friend who sold it

S.5

63
Q

R V Turner

Theft

A

D used spare set of keys to remove his car from a garage that was repaired to avoid paying for it

S.5

64
Q

Theft- Belogning to another

R V Woodman

A

D was convicted of stealing scrap metal in dissued factory. Factory was in control of the company

S.5

65
Q

Davidage and Bunnett

Theft

A

D gave his flatmate money to pay for gas. D spent money on Gifts and left the flat without paying

S.5

66
Q

Theft- Belonging to another

DPP V Huskinson

A

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

Not theft

67
Q

Theft- Dishonesty

R v Small

A

D saw a old scruffy car parts were missing and he thought it was abandoned and then drove of with it

S.2

Owner could not be found by taking reaosnable steps

68
Q

Ivey and Genting casinos

Theft

A

Test of dishonesty needed to apply
Would a reasonable man find this dishonest

S.2

This is confimred by R V Barton and Booth

69
Q

DPP V Jones

Theft

A

Broke headphones then gave them back

S.6

70
Q

R V Lloyd

Theft

A

Took films and copied them. Not theft

S.6

71
Q

R V Velumyl

Theft

A

Took money from company safe and used it. Tired to return it before monday but was caught

S.6

Even if he had returned them they would not have been the same notes

72
Q

Theft- Permenantly depriving

R V Easom

A

Rumaged around in a bag did not take anthing

S.6

Conditional intent

73
Q

Dawson and James

Robbery

A

Jostled with the V making him lose balance allowing for his wallet to be easily taken

S.8

74
Q

B&R V DPP

Robbery

A

Does not matter if the victim was in fear as long as it was the D’s intention

S.8

75
Q

R v Clouden

Robbery

A

Force not need to be direct

S.8

Forec exerted on victims bag

76
Q

R V Bentham

Robbery

A

Not necessary for the threat to be real

S.8

77
Q

R V Hale

Robbery

A

Bugulars entered a house took jewllery then tied up the owners

S.8

Theft was a continuing act. The force must be applied to the theft

78
Q

Williams V Phillips

Theft

A

Things can belong to the concuil even if they dont know that they have it

S.3

It was in the bin belonging to the council and he took it from there.

79
Q

R V Shivpuri

Attempts

A

Was given a suitcase in which she thought had drugs. No drugs inside

Possible to do the impossible

80
Q

R V Stonehouse

Attempts

A

Was D’s last act necessary

He had shot the Gun. That is the last act

81
Q

Mason V DPP

Attempts

A

Opening his car door while intoxicated

This was not more than merley properitoary

82
Q

R V Geddes

Attempts

A

He was found in toilets. Looked like he was intending to kidnap

Not more that merley properiatory.

83
Q

R V Jones

Attempts

A

Had his finger on the trigger but saftey was not released. He still pulled trigger

Last act

84
Q

DPP V Majewski

Assualt

A

Becoming voluntarily intoxicated via drink or drugs was reckless conduct and reckless enough to constitute the MR of common assault

Mens rea

85
Q

R V Venna

Battery

A

D was arrested for a public order offence and struggled violently with a police officer

Mens rea

Was reckless

86
Q

AG for Northen Ireland V Gallagher

Defences

A

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
Q

Basic Intent
Volunatry intoxication

A

No Valid Defence

R V Majewski

88
Q

Basic Intent
Involuntary Intoxiaction

A

Valid Defence
R V Hardie- Taking dangerous drugs is recklessness
R V Kingston

89
Q

Specific Intent
Voluntary Intoxication

A

Valid Defence

R V Lipman
R V Sheehan&Moore

90
Q

Specific Intent
Involuntary Intoxication

A

Valid Defence

R V Bratty

91
Q

Defences- Insanity

R v Kemp

A

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
Q

Defences- Insanity/Automatism

Hennessy

A

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
Q

Defences- Insanity

R V Burgess

A

Sleepwalking was enough for insanity

94
Q

Defence - Insanity

R V Clarke

A

A defect of reason must be more than absent mindedness or confusion

95
Q

Defence-Automatism

R V Quick

A

Diabetes was caused by taking the inslulin. External factor. Automatism

96
Q

Defences- Insanity

R V Coley

A

Where D voluntarily takes an intoxicating substance this cannot be insanity.

97
Q

Defence - Insanity

R v Windle

A

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
Q

Defence- Insanity

R V Oye

A

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
Q

Defence- Automatism

R V T

A

Automatism must be caused by an external factor. This could be exceptional stress.

100
Q

AG Ref (No.2 of 1992) (1993)

A

automatism requires total lack of control.

101
Q

Defence- Intoxication

R V Hardie

A

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
Q

Defences- Intoxication

R v Lipman

A

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
Q

Defence- Self Defence

R v Gladstone William

A

D may use an objectively reasonable amount of force given the circumstances he honestly believes to exist

104
Q

Defence- Self defence

R v Bird

A

Self-defence can be pre-emptive

105
Q

Defence- Self Defence

R v Rashford

A

Self-defence may be used by an antagonist where the other escalates

106
Q

Defence- Self defence

R v Clegg

A

The defence is a complete one, but if it fails it fails entirely where the risk has passed.

107
Q

Defence-Duress

R v Howe

A

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
Q

Defence-Duress

R V Gotts

A

Duress not available for attempted murder

109
Q

Defences- Duress (By threat)

R v Cole

A

Duress by threat: there must be a direct connection between the threat and the crime

110
Q

Duress

R v Sharp

A

D may not rely on threats to which he has voluntarily laid himself open

Part of a gang

111
Q

Defences- Duress (of circumstance)

R v Martin

A

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
Q

Duress

R v Abdul-Hussain

A

The threat need not be immediate, but it had to be imminent in the sense that it was ‘hanging over them’.

113
Q

Non-Fatal Offences

R V Chanfook

A

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
Q

Non-Fatal offences

DPP v Santa-Bermudez

A

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
Q

Novus actus Intervenus

R V Chesire

3rd Party

A

Must be so siginficant

116
Q

Novus actus Intervenus

R V Roberts

Victims own act

A

Jumped out of the car to avoid sexual advances. The act was reasonably foreeseable.

117
Q

Novus actus Intervenus

R V Williams and Davies

Victims own act

A

The act was unreasonably foreeseable as he had jumped out of the car

118
Q

Murder

Matthew and Alleyene

A

Foresight of conseqeunce. Threw child of bridge when they knew he could not swim

119
Q

Murder

Hancock and Shankland

A

Foresoght of conseqeunce. Threw rocks of bridge broke a window and killed driver below

120
Q

Non fatal-offences

R V Constanza

A

Had made numerous phone calls and drove past her house. She suffered clinical depression and anxiety. Caused Harm

ABH

121
Q

Non fatal offences

R v Martin

A

Shouted fire and turned off the lights.People panicked and were servely injuired

s.20 GBH

122
Q

Non fatal offences

R V Belfon

A

Slashed victim with razor causing serve wounds to his face and chest.

s.18 GBH

Criminal Law (3 decks)

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