Criminal Liability

Question 1

R v R (martial rape) 1991 -AR

Answer 1

D charged for attempting of raping his wife. They were married but lived in different houses. Wife did not consent
Outcome: Guilty
Ratio: society views on women changed + House of Lords changed + developed law

Question 2

The golden red case
Woolmington 1935

Answer 2

Charged for murdering his wife. He had shot his wife once but had to prove it.
Outcome: Jury acquitted with an appeal
Ratio: “golden thread” D is innocent proven guilty as prosecutor showed the proof of burden. Must always have

Question 3

Winzar V chief Constable of Kent 1983

Answer 3

Drunk in the way of hospital staff. Asked him to leave but didn’t leave. Had to call police
Outcome: Guilty
Ratio: Not leaving created a “state of affair” (being there)

Question 4

R v Larsonneur 1933

Answer 4

French women deported against her will from Ireland to the Uk. Charged of being an “illegal alien”
Outcome: guilty
Ratio: let her passport expired. Should have renewed it

Question 5

Hill V Baxter 1958

Answer 5

Had no memory of driving when being ill.
Outcome: not guilty for dangerous driving
Ratio: wasn’t voluntary. Was allowed an appeal

Question 6

Pittawood 1902 -OMISSIONS

Answer 6

He left the gate open for the horse and cart on the crossing whilst wanting a sandwich and killed the train driver.

Held: guilty for manslaughter

Ratio: failed to close gates breach his duty to act under a contract of employment

Question 7

R V Gibson + Proctor

Answer 7

Both parents failed to feed their 7 year old and let her starved to death

Held: guilty for murder

Ratio: Duty of care towards their child. Failed to feed led to death

Question 8

R v Stone + Dobinson

Answer 8

D was blind + death. Girlfriend was inadequate but offered to agree letting his sister move in. She was anorexic and later on found dead in the house

Held: guilty for manslaughter

Ratio: Failure to complete his voluntary duty of care towards V was his AR

Question 9

R V Miller

Answer 9

Fell asleep with a cigarette. Mattress caught on fire so he moved rooms. Ended up burning + damaging the whole building

Held: Guilty

Ratio: D causes damages was a duty limited on accidental action

Question 10

Dytham 1979

Answer 10

D was on duty in police uniform. Stood there whilst bouncer kicked V to death to do nothing

Held: guilty

Ratio: As the holder of public officer, D failure to act was his AR

Question 11

R V Naughton (2001)

Answer 11

He was off duty of police officer. Friend attacked the restaurant owner but didn’t intervene.

Held: guilty of misconduct in public office

Ratio: As the holder of the public officer, D was failure to act was his AR

Question 12

Airedale NHS TRUST V Bland

Answer 12

Rushed into Hillsborough tragedy was left in PVS for several years afterwards. Doctors were feeding him on machines but had to let him go

Held: permission was granted V died 7 days after

Ratio: doctors can withdraw medical treatment knowing the death will result . Was omission

Question 13

R V khan + khan

Answer 13

Gave heroine to a 15 year old girl. She took drugs + collapsed. On the same day she died later on

Held: Not guilty for of gross negligence manslaughter

Ratio: the court foresaw (predict) for the doctors being owned in this kind of situation in the future

Question 14

White (1910) -CAUSATION

Answer 14

Facts: D put poison in mums tea. Took sip and she died from a heart attack

Held: guilty for attempted murder

Ratio: “but for” (if they hadn’t) she would have still died. Ds act to Vs act was broken by a heart attack

Question 15

Pagett (1983)

Answer 15

Facts: D got into a fight with police + used his pregnant girlfriend as a shield. She was shot + died with the baby

Held: Guilty for manslaughter

Ratio: But for using her as a shield she would have not died

Question 16

Kimsey (1996)

Answer 16

Facts: 2 girls racing and crashed. Victim lost control before collision

Held: guilty for dangerous driving

Ratio: To establish causation Ds act or omission must be a minimal cause of death

Question 17

Jordan (1956)

Answer 17

D stabbed victim. Hospital gave him treatment but he was allergic and therefor died due to the treatment

Held: D was not liable for V death

Ratio: D did not make “significant contribution” to Vs death. Hospital gross negligence was broken by the chains of causation

Question 18

Smith

Answer 18

Facts: soldiers got into a fight. Was stabbed with a bayonet. Friend took him for treatment, delayed, dropped 2 times and received a bad treatment

Held: guilty for murder

Ratio: the stabbed wound made the “significant contribution”. Hospital negligence did not cause death

Question 19

Mohan- MR

Answer 19

Ratio: direct intent of a desired outcome

Question 20

R v Woolin

Answer 20

Ratio: oblique intent (intention didn’t go as how he planned it to be)

Question 21

R v cunningham

Answer 21

Tried stealing from meter. Leaked and killed 2 girls next door

Guilty

Ratio: subjectively recklessness. Requires d to deliberately take risk

Question 22

R v Latimer -TRANSFERRED MALICE

Answer 22

Got intro argument got belt n hit V1 and V2

Guilty

Ds intention to V1 transferred to V2

Question 23

R v Mitchell

Answer 23

Pushed into post office que and fell into elderly lady who injured + died in hospital

Guilty

Intention to V1 transferred to V2

Question 24

R V Pembelton

Answer 24

Throw stones in a crowd and cause ABH on a person

Guilty

Crime against a person can’t transfer to a crime against property. Transferred malice does not cross different types of offence

Question 25

Fagan V MPC -CONTEMPORARY RULE

Answer 25

D was driving and parked onto police officer foot. Asked him to move but refused n switched engine off

Guilty

AR was a continuing act. Guilty if mens rea was present during AR

Question 26

Thebo Mali V R

Answer 26

Violent gang kidnapped V + tried killing him. Threw him off cliff n died from exposure

Guilty

AR is a series of event. Guilty if he started it when MR was first performed

Question 27

Sweet V parsley -STRICT LIABILITY

Answer 27

Facts: Rented farmhouse to students. They smoked cannabis she didn’t know.
Not guilty
Ratio: was not an offence of SL, MR was required

Question 28

Pharmaceutical society of GB V Storkwain

Answer 28

Facts: supplied forged prescriptions
Was convicted
Ratio: Offence of SL, MR did not matter

Question 29

Callow V Tillstone

Answer 29

Facts: Gave unfit meat when he went to the vet to check if it’s suitable to give
Guilty
Ratio: SL produce harsh results

Question 30

Harrow LBC V Shah + Shah

Answer 30

Facts: gave a 13yr old a lottery ticket even though they had signs up to not sell under 16
Guilty
Ratio: defence of due diligence (took all steps within his power to not commit an offence)

Question 31

B (A minor) V DPP

Answer 31

Facts: charged for asking a 14yr old to commit an act of gross indecency. She was act 13
Not guilty
Ratio: offence was a custodial sentence, unlikely of SL offence

Question 32

R v Blake

Answer 32

Facts: broadcasted on an unlicensed radio
Guilty
Ratio: involves potential danger, offence of SL

Question 33

Alphacell LTD V Woodward

Answer 33

Facts: factory dumped human feus into their drinking water
Guilty
Ratio: offence of public concern, part of SL

Question 34

Smedley V Breed

Answer 34

Facts: manufactured peas but caterpillars came out of it
Guilty
Ratio: SL offence, could of removed caterpillars

Question 35

R v Prince

Answer 35

Facts: charged for taking child from her father, believed she was 18
Guilty
Ratio: Vs age not required, SL part of offence

Question 36

R v hibbert

Answer 36

Facts: possession of her father but knew she was underage
Not guilty
Ratio: living with father required, was not SL part of offence

Question 37

R V roberts n R V William

Answer 37

Ratio: reasonable foreseeable
Not RS- wallet Williams