Elements of a crime Flashcards
Woolminton v DPP (1935) (beyond reasonable doubt)
Reginald Woolminton married 17 year old Violet. Shortly after they fell out and Violet left him to live with her mum. After Reginald stole a double barrel shot gun and cartridges and sawed off the barrel, cycled to the mothers house and shot and killed Violet. He argued that he didn’t mean to mean her and lacked the mens rea.
R v Mitchell (1983) (voluntary act)
The appellant tried to jump the queue at a post office. An elderly man took issue with the appellant’s behaviour and challenged him. The appellant hit the old man and pushed him. The man fell back onto others in the queue including an elderly lady who fell and broke her leg. She later died. The appellant was convicted of manslaughter and appealed contending that the unlawful act was not directed at the woman.
Pitwood (1902) (contractual duty to act)
The defendant was employed by a railway company to man the gate at a level crossing. The defendant lifted the gate to allow a cart to pass and then went off to lunch failing to put it back down. A train later collided with a horse cart killing the driver. The defendant was liable for the death of the train driver as it was his contractual duty to close the gate.
Gibbind and Proctor (1918) (omission special relationship)
Gibbins took his children and moved in with his new partner Proctor, the 7 year old daughter was kept separate from the other kids and was starved to death. The court ruled that Gibbins had a duty of care over the girl alongside Proctor as she had taken responsibility for the child.
Stone and Dobinson (1977) (omission a special relationship)
Stone was 67, totally blind, partially deaf had no appreciable sense of smell and was of low intelligence. He lived with his housekeeper and mistress of 8 years, Dobinson aged 43 who was described as ineffective and inadequate. Stones sister Fanny came to live with them. She had previously lived with another sister but had fallen out with her. She had mental problems and was suffering from anorexia. Stone and Dobinson took her in and agreed to looking after her. However, Fanny’s condition deteriorated and she was found dead in her bed in appalling conditions.
R v Evans (2009) (acceptance of responsibility)
The appellant was convicted of gross negligence manslaughter. The appellant was 8 years older than her sister. The appellant her mother and Carly all had a history with heroin addiction, Carly had just been released on licence from a detention and treatment order and a condition of the licence was that she resided at her mother’s house. The appellant moved in with her mother after her boyfriend was sent to prison. The appellant bought some heroin and gave it to Carly. Carly self injected the heroin and then developed symptoms which the appellant from her own experience recognised as being consistent with an overdose. The appellant and her mother decided not to seek medical assistance for fear of getting into trouble. Carly died.
Dytham (1979) ( Duty imposed by an official position)
The defendant was a police officer. He stood by whilst a bouncer kicked a man to death. He was charged with the offence of misconduct in a public officer. He argued that the offence could not be committed by an omission ad it specifically requires misconduct the conviction was upheld.
Miller (1983) (Dangerous situation)
The defendant had been out drinking for the evening. He went back to the house he had been staying in and fell asleep on a mattress with a lighted cigarette in his hand. He woke and saw that the cigarette had started a small fire. Upon seeing the fire he then got up and went to another room and went back to sleep. At his trial, the prosecution did not rely on the acts of the defendant in falling asleep with a lighted cigarette as being reckless, but relied solely on the grounds that upon becoming aware of the fir he failed to take steps to put the fire out or call the fire service
R v Roberts (1959) (A victims own act)
