Fatal Cases Flashcards
Gibbons and proctor
deliberately starved a 7-year-old child to death, held that murder didn’t have to be an act it could also be an omission
R v paget
held girlified hostage and used her as a human shield when the police shot at him, she got hit and died, held that but for his actions she wouldn’t have died= guilty
R v white
put cyanide in mums drink to try and kill her, but she dies the same night due to a heart attack
R v Jordan
was stabbed in the stomach and treated in hospital wherehe was given an antibiotic he was allergic to and died. Held the hospital were the cause of the death
R v Kimsey
lost control of the car in a high-speed race and killed the other driver, held that it was more than the minimal cause of death
R v blaue
v stabbed by d required a blood transfusion but refused as she was a jahovas witness so she died, held that the d was the cause of death
Attorney generals reference
heavily pregnant woman stabbed in stomach which caused the baby to be born prematurely surviving 4 weeks before dying, held that a foetus was not a human being=not guilty of murder
R v malxherek
stabbed wife shock put her in a coma, and she was placed on life support, the d tried to get away with murder by saying the doctor switched off the machine however he was found guilty
Re A
conjoined twins shared vital organs, they would both die unless separated however only one could survive, therefore the doctors killed lawfully in the defence of another person dying
Martin
used excessive force and shot a burglars who had no weapons
Clegg
car was trying to run him over so he shot at it and continued once it had passed killing the passenger, held that the treat was gone, and he used unreasonable force
Vickers
broke in a shop and to get away, hit the 73-shop owner with an iron bar killing het, held that men’s rea for GBH only was acceptable
Cunningham
argument in a bar so picked up a bar stool a hit them over the head, they later died form a brain hammarite. H of L confirmed intention of GBH was enough for the men’s rea of murder
Nedrick
pored paraffin through the door of a house intending to set it on fire but not kill anyone inside
