Criminal Law Cases Flashcards
R v Campbell
Actus Reus: No Act then No crime. He was outside a store about to rob it and he was grabbed by the police. He hadn’t committed any Criminal Act.
R v Downes
Omissions; a Duty to Act: Special relationship. Religious family neglected their child and he died. Manslaughter.
R v Pittwood
Omissions; a duty to act; Contractual duty. He was a railway crossing guard and fell asleep and people died. Manslaughter.
Rv Instan, Stone & Dobinson
Omissions; duty to Act; Assuming care; took care of old relative and then neglected her until she died. Manslaughter
R v Miller
Omissions; Duty to Act; Creating a dangerous situation; Fell asleep in a house he broke into a caused it to burn down. He had created a dangerous situation and needed to remedy it.
R v Evans
Omissions; Duty to Act;
Creating a dangerous situation;
Gross Negligence Manslaughter the Duty element is wider ranging.
Gave her 16 yrs old sister Heroin, died of overdose. She did nothing and was convicted.
Airendale v Bland
Omission vs Action. Bland was a vegetable. taking him off life support would be an omission; as if they had never connected him.
R v Fagan
Act vs Omission: Continuing Act principle. He parked on an officers foot and then formed the Mens Rea. Court stretched the temporal relativity of AR & MR
R v Smith 79
No breach of Duty of care if D’s conduct is justified. Wife was very sick and asked him that if she fell unconscious not to call ambulance. He didn’t and she died. He was fulfilling her wishes and justified.
R v Pagett
Chain of Causation;
1) Factual (but for) cause; and
2) Legal cause
P didn’t want to get arrested so decided to shoot at police while using his girlfriend as a shield. she was killed by officers, but for not hi using her she wouldn’t be dead. Manslaughter.
R v Mitchell
Causation: The causal connection must be substantial and operative.
The act does not need to be directly done to V for constructive manslaughter. M pushed a man in a line who fell on an old lady. the lady then died as a result. He was convicted of manslaughter.
R v Adams
Causation: If you are factual cause then you are legal cause so long as its substantial. His patient was dying of an illness and he gave her a large dose of painkillers because it was the amount necessary for her pain and it killed her. he wasn’t the factual cause of death the illness was.
People v Clark
New intervening Act: If 3rd party contributes to harm it will not break the chain so long as original act is still operative. D injured V and mother removed him from hospital against doctors wishes and son died. D charged and convicted w/ manslaughter.
R v Smith (1959)
New Intervening Act: If 3rd party contributes to harm it will not break the chain so long as original act is still operative. V was stabbed by D, he was dropped twice not he way to the doctors and had to wait an hour. he died; Manslaughter.
R v Holland
Acts of Victim exacerbating the harm will not break the chain. V got into a fight with D and was injured. He didn’t take care of would and get gangrene and died. Manslaughters, D’s act still substantial and operative.
R v Roberts
If V injure themselves trying to escape from unlawful attack D is liable. V jumped out of a moving car to avoid sexual assault. Her actions were proportionate and foreseeable.
R v Blaue
Eggshell Skull Rule: Take your victim as they are. V was stabbed and refused blood transfusion due to jehovas witness. D’s responsibility not deflected, guilty.
R v Kennedy
Breaking the Chain; Voluntary act of the Victim. D supplied heroin and V self injected. Freely administered.
R v Jorden
Breaking the Chain; Independent/voluntary acts of 3rd parties. D stabbed V and he was given antibiotics he was allergic to and way too much fluids. Treatment was wrong
R v Cheshire
Breaking the Chain; Medical intervention rarely breaks it. V was shot, bad tracheotomy was performed. he suffocated. D guilty of Murder. Injuries of medical staff trying to fix won’t break.
R v Moloney
Indirect Intention. Man and father drunk w/ guns. challenged to a fast draw. Killed father. Just Manslaughter.
1) was death or GBH a natural consequence of act?
2) did D foresee the consequence arising naturally
R v Hancock & Shankland
Indirect Intention:The greater the probability of consequence the more likely it would have been foreseen; Miners during a struck through concrete off a bridge that hit a bus and killed ppl.
R v Woolin
Indirect Intention: Threw 3 month old baby on ground and it died.
1) was Death or GBH a virtual certainty by D’s action
2) did D appreciate this fact
R v G&R
Recklessness Currently. 11 & 12 yr olds playing with fire behind a building and accidentally burn it down.
Wilson: Think about the obvious consequences, they would be consciously aware if they stopped and thought about it.
1) Circumstance when D is aware of a risk that exists or will exist
2) a result when he is aware of a risk that will occur
3) in the circumstances it is unreasonable to take that risk
R v Cunningham
Recklessness: D is consciously aware of the risk of harm from his actions. D ripped gas meter of a building for $. He was consciously aware of the risk of gas leaking into house.
R v Stephenson
Recklessness: D is consciously aware of the risk of harm from his actions. D went into a barn to sleep and lit a fire. He had mental illness. He wouldn’t have appreciated the risk as he was unaware of it.
DPP v Newbury & Jones
Fault of 1 crime sufficient to convict of another.
Constructive manslaughter: Must have the Fault element of the criminal act relied upon.
Threw concrete onto the path of a moving train which killed 1 person. Fault for criminal damage was enough to convict; it was objectively dangerous.
R v Gore
Transferred Malice Principle. Wife poisoned Husbands medicine. he went to complaint o apothecary who drank it all and died. Guilty of Murder, malice for 1 to other.
R v Saunders & Archer
Transferred Malice Principle; Husband poisoned apple and gave to wife to kill hero she gave to daughter and she died. Guilty of Murder.
R v Thabo Meli
Corpse cases. thinking V is dead. Series of events. Beat V up and thought he was dead so threw him off cliff. he died of exposure. guilty of Murder
R v Church
Corpse cases. thinking V is dead. Series of events. Prostitute chastised him, he got angry and hit her; thought she was dead so he threw her in the river and she drowned Guilty of Manslaughter
R v Lebrun
Corpse cases. thinking V is dead. Series of events. Hit his wife and she was unconscious to not get caught he dragged her inside. She fractured her skull and died. Guilty of Manslaughter.
Burns v Bidder
Automatism: Physical causes; Brake failure and lost control of his car
