English cases

Question 1

duty of care (special relationship)

Answer 1

Gibbins and proctor

the child of Gibbins was starved to death

Question 2

causation

Answer 2

Roberts

Question 3

victims conduct breaks chain of causation

Answer 3

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

Question 4

recklessness

Answer 4

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

Question 5

necessity

Answer 5

Conjoined twins case

• twins relied on the same
• necessity is available to murder

Question 6

Self-defence

Answer 6

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

Question 7

attempt

Answer 7

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

Question 8

impossible attempts

Answer 8

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

Question 9

aiding

Answer 9

r v Bainbridge

• not knowing the detailed plan does not exclude liability for aiding
• knowing essential matters of the crime/ type of crime

Question 10

accomplice liability

Answer 10

r v Bryce

• you contemplated the crime
• foresight of the possible risk
• intent for the crime to be committed

Question 11

joint criminal enterprise

Answer 11

R v Jogee

-

Question 12

corporate liability

Answer 12

tesco v nattrass

• only an employee who represents the directing mind of the company can give rise to its liability

Answer 13

R v Dudley and stephens

-

Question 14

medical intervention breaking causal link

Answer 14

R v Adomako

Honey rose

Question 15

undertaken duties

Answer 15

R v Robinson

Question 16

duties based on the specific qualities of the offender

Answer 16

R v Adomako

Question 17

duties based on ownership/ responsibility for a source of danger

Answer 17

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

Question 18

attempt

Answer 18

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

Question 19

encouraging / assisting

Answer 19

R v Sadique

• ran a business which supplied chemicals- legally
• chemicals were sold to drug dealers
• relate to art 46 SCA