English cases Flashcards
duty of care (special relationship)
Gibbins and proctor
the child of Gibbins was starved to death
causation
Roberts
victims conduct breaks chain of causation
Blaue
- victim was stabbed and needed a blood transfusion but refused because she was a Jehovah’s Witness
- the person who stabbed her was convicted of murder as refusing treatment due to religious reasons does not break the chain of causation
recklessness
Cunningham
- foreseeing the harm and taking the risk
Caldwell
- taking a risk while failing to perceive it
Rv G
- being aware of the risk and taking it
Konkani
- HIV case
- not only knowing you are positive but also knowing there is a risk of passing on the infection
necessity
Conjoined twins case
- twins relied on the same
- necessity is available to murder
Self-defence
r v Menezes
- he was shot by the police because he was mistaken for a suicide bomber
- court looked at the facts as the police did
attempt
r v Gullefer
- he tried to hinder a dog race because the dog he bet on was losing
- it’s not an attempt as he did not go to the teller to get the money
impossible attempts
r v Taafee
- defendant thought importing foreign currency in to the UK was illegal
- package turned out to contain cannabis/ defendant did not know that
aiding
r v Bainbridge
- not knowing the detailed plan does not exclude liability for aiding
- knowing essential matters of the crime/ type of crime
accomplice liability
r v Bryce
- you contemplated the crime
- foresight of the possible risk
- intent for the crime to be committed
joint criminal enterprise
R v Jogee
-
corporate liability
tesco v nattrass
- only an employee who represents the directing mind of the company can give rise to its liability
R v Dudley and stephens
-
medical intervention breaking causal link
R v Adomako
Honey rose
undertaken duties
R v Robinson
duties based on the specific qualities of the offender
R v Adomako
duties based on ownership/ responsibility for a source of danger
R v Miller
- miller lived in an unoccupied house
- he lit a cigarette but fell asleep before finishing it
- the mattress caught on fire
- he didn’t;t care and just moved to a different room in the house
- house caught on fire
attempt
R v Griffin
- mother wanted to leave with the children and bought Ferry tickets
- called the teacher saying they had an appointment
- teacher didn’t let them leave
- attempt because she called an d tried to get them
encouraging / assisting
R v Sadique
- ran a business which supplied chemicals- legally
- chemicals were sold to drug dealers
- relate to art 46 SCA
