General Elements Flashcards
Hill v Baxster
Defendants conduct must be “freely willed” if they are to be found guilty
Bee swarm driving
NG
R v Larsonneur
The AR can arise from a state of affairs
derported from ireland tom be arrested in england
G
Road traffic act says ‘ fail to provide a specamine of breath’ is a crime
Omisson by statute
R v Pitward
Omission by contractual duty
Left railway gate open and there was a crash
G
R v Gibbs and Proctor
Omission by duty becuase of a relationship
Starved his 7 year old kid
G
R v Dytham
Omission by public duty
Police officer ignored assult
G
R v Miller
Omission by setting a chain of events in motion
squatter cig fire
G
R v Stone and Dobson
Omission by volentary assumation of responsibility
Volentered to look after anorexia who died
G
R v white
Cuasation in Fact - but for test
poisonous tea heart attack
NG
R v Kimsey
Cuasation in law - ‘ defendant’s actions must not have been the operating and substantial cause of the harm, but not necessarily the only cause’
car racing
G
R v Roberts
Causation in law - intervening acts - where the victim tries to escape
girl jumps from nonce car
NG
R v Williams
Causation in law - intervening acts - where the victim tries to escape
Man jumps from car on motorway, no reason, dies
NG
R v Blaue
Causation in law - intervening acts - thin skull rule
Jahovahs witness denies blood transfution after stabbing - dies
G
R v Dear
Causation in law - intervening acts - Contributory negligence of the victim
He opened his own wounds
G
R v Smith
Causation in law - intervening acts - Contributory negligence of the victim - Medical Treatment
Got stabbed in barracks - dropedx2 - dr made injuries worse
G
R v Chesire
Causation in law - intervening acts - Contributory negligence of the victim - Medical Treatment
Shot, died of rare tracheotomy complications de didnt spot
G
R v Jordan
Causation in law - intervening acts - Contributory negligence of the victim - Medical Treatment
Stabbed - Recovreing well - given antibiotics he was algergic to by two
NG
R v Dudley and Stephens
Direct intention
Kill and eat the cabin boy while stranded on driftwood
G
R v Wollin
Foresight intention - wollin test
is death or serious injury virtually certain and did the D realise this
Threw his baby at a wall and it died
G
R v Cunningham
Subjective recklessness - unjustifiable risk, D must realise
Removed his gas meter and poisoned the neighbours
G
R v G and R
Subjective recklessness - did not realise risk
11 year olds burn down co-op
NG
R v Latimer
Transfered malice - same AR
Hit the wrong guy with his belt
G
R v Pembilton
Transfered Malice - Different AR
Threw a stone at people and it broke a window
NG
Fagen v. MPC
Continueing act Rule - AR streching
Drive can on police foot - Realsied - ddint move
G
Thabo Meli v. R
One Transaction rule - MR strech
They beat him up - pushed him off cliff - he died of exposure
G
