General elements of criminal liability cases

Question 1

What is the case where a French woman was deported from England to Ireland, sent back to the UK handcuffed and was found guilty?

Answer 1

Larsonneur 1933

Question 2

What i the case where someone went to lunch, left a gate open, and people in a hay cart died due to it.

Answer 2

Pittwood 1902

Question 3

What is the case where a Police officer was injured by sharps in D’s pocket whilst searching him and

what was the case where D was living in a squat, fell asleep smoking, and woke up to the house being on fire but didn’t attempt to put it out?

Answer 3

Santana Bermudez 2003

Miller 1983

Question 4

What is the case where a father and his partner starved a 7 yo to death by failing to feed them?

What is the case where a man and his girlfriend took care of his little sister and she died due to him not calling for medical attention?

What was the cause where D supplied heroin to another person who took it in his presence and collapsed, and when D left and returned he was dead

What are the duty attached to these?

Answer 4

Gibbins & Proctor 1918 - Automatic assumption of duty to care

Stone & Dobinson 1977 - Voluntary assumption of duty to care

Khan & Khan 1998 - What happened and why was there no criminal liability?

Question 5

What happened in Khan v Khan versus Evans 2009?

Answer 5

Evans 2009 Mother & older daughter gave heroin to younger daughter who died. They were both found liable despite the Khan rule?

Question 6

What was the case where A police officer was going off shift, saw V getting kicked to death and did not intervene as he was off duty and was still guilty of omission?

Answer 6

Dytham 1979

Question 7

What is the case where a Police officer told D to park, they stopped on the officer’s foot and once told to stop D told him to wait, and what is the legal point?

Answer 7

Fagan v MPC 1968, D continued with the act, therefore making it a continuing act.

Question 8

What is the case where D beat up V intending to kill him, he didn’t die so he threw him off a cliff, V dies then - and what is the legal point?

Answer 8

R v Thabo Meli 1954, One Transaction - A continuing series of actions may all be one transaction.

Question 9

What was the case where a man attacked a girl in a car, she did not die but he thought she had, he threw her into the river and she instead drowned there?

Answer 9

R v Church 1966, guilty as it was a transaction. Series of continuing acts.

Question 10

What is the case where a son put poison in his mothers drink and she died of a heart attack just prior?

What is the case where D held his pregnant girlfriend as a human body shield when police was shooting at them?

Answer 10

White 1910. She would of died anyways, so no factual causation.

Pagett 1983. She would not of died anyways, so factual causation there.

Question 11

What is the case where D lost control of his car and killed another driver?

Answer 11

Kimsey 1996 - Dangerous driving led to guilty charge

Question 12

What is the case where a driver not holding reigns when a child ran under the wheels and killed the child, but was not liable as it wouldve happened whether he was holding the reigns or not?

D had accident in camper van, not fault but had no insurance and was charged for death of a driver at fault but not guilty as breach of law did not cause death

Answer 12

Dalloway 1847

Hughes 2013

Question 13

What is the case where a woman was stabbed and refused treatment due to her religion and ended up dying and the D was still found guilty?

Answer 13

R v Blaue 1975

Question 14

What is the case where A girl jumped from the car due to sexual advances and got injured but D was still held liable?

What is the case where the owner of a car repair shop was run over by burgars trying to stop them and reasonably foreseeable so D liable?

Answer 14

Roberts 1971

Bristow, Dunn & Delay 2012

Question 15

What is the act where V self injected and the supplier was not guilty?

Answer 15

Kennedy 2007

Question 16

What is the act where V jumped from car due to D allegedly trying to rob him

Answer 16

Unforeseeable and unreasonable so D not guilty, nevertheless it was Williams 1992.

Question 17

What is the case where a soldier stabbed another soldier in the lung, and on the way, they were dropped and injured in respiration. Chance of recovery was 75% prior. D still liable as stabbing was overwhelming cause.

D shot victim. V had rare complications iwth treatment and ti caused V’s death and as injuries no longer life threatening; D not liable.

Answer 17

Smith 1959

Cheshire 1991

Question 18

Is switching off life machines acceptable medical treatment?

Answer 18

Malcherek & Steel 1981 - D will still be guilty if treatment discontinued providing initial attack is operative cause of death

Question 19

What are the cases where:

1) D shot stepfather in gun competition, accident, not guilty on appeal.

2) Fire killed child. D knew high probability of harm and tried for murder despite no intention to kill.

3) Threw baby into wall trying to throw somewhere else. Baby died. Not guilty for murder on appeal. (Current law)

4) Severing conjoined twins sympathetically and therefore killing weaker is allowed

5) Threw boy into river. Knew he couldn’t swim. He died. Convicted for murder.

Answer 19

1) Moloney 1985

2) Nedrick 1986

3) Woollin 1967 - Jury are entitled but not bound to find intention if: THey feel consequences were VC to follow from D’s action and D foresaw this

4) Re A 2000

5) Matthew & Alleyne 2003

Question 20

What was the case where D took pre-payment gas meter from unoccupied house, caused gas leak, and then it seeped through the door and poisoned the V and he was not guilty due to no intent?

Answer 20

R V Cunningham 1957

Question 21

What is the case where D was an anaesthetist and 45 minutes in switched with another, where the patient had cardiac arrest within next 45 minutes as Oxygen tube disconnected & D hadn’t noticed for 9 ins. Held - established crime above, no reasonable anaesthetist would not notice.

Answer 21

R v Adomako 1994

Question 22

What was the case where D was deported to Ireland, returned to the UK by force and was still arrested for breaching aliens order 1920?

Answer 22

R v Larsonneur 1933

Question 23

What is the case where D was pharmacist, supplied prescription drugs, prescriptions later found forged, D did not act dishonestly, improperly or negligently… still convicted.

Answer 23

Pharmaceutical Society of GB v Storkwain 1986

Question 24

Which is the case where D asked a vet to examine a carcass to see if it was safe to eat, the vet said it was fine, and then upon selling it it was unfit and D was found guilty anyways?

Answer 24

Callow v Tillstone 1900

Question 25

What was the case where The contractor, project manager and site agent for building works in Hong Kong were charged with substantially deviating from approved plans which was likely to cause risk of injury to any person or damage to any property contrary sections 40(2A)(b) and 40(2B)(b) of the Hong Kong Buildings Ordinance (revised ed. 1981) (the Ordinance). The defendants were acquitted by the magistrate on the ground that it was necessary for the offence that there was knowledge that the deviation was material, which had not been proved. On Appeal, the Court of Appeal of Hong Kong held that mens rea was not required for the offences. The case was remitted to the magistrate.

The presumption of law that mens rea is required for any criminal offence can only be displaced if (1) it is clear by the words of the statute creating the offence, or if the statute is concerned with an issue of social concern, such as public safety, and (2) the imposition of strict liability for the offence

“would be effective to promote the objects of the statute by encouraging greater vigilance to prevent the commission of the prohibited act.”

The effectiveness of the Ordinance in protecting public safety would be weakened if the mens rea of knowledge of the materiality of the deviations was required. The offences in question therefore created strict liability and the convictions were upheld.

Answer 25

Gammon (Hong Kong) Ltd v A-G 1985

Question 26

What were the cases where:

1) D let farmhouse out to students where cannabis were being smoked by the students. D charged for concerned for management of premises used for purpose of smoking cannabis, NG as mens rea required.

2) D charged of selling alcohol to drunk person. Individual did not display any signs of drunk, but offence complete, drink sold and customer was drunk.

3) 4/3.5 mil tins of peas held caterpillar unavoidable due to collection process. Held that fine that even with human agency it is unavoidable. However, caterpillar could’ve been took out.. so liable.

Answer 26

1) Sweet v Parsley 1969

2) Cundy v Le Cocq 1884

3) Smedleys Ltd v Breed 1974

Question 27

What is the case where D was charged with causing polluted matter to enter river as the pipe belonging to D’s factory had been blocked and not fixed. Still held liable.

Answer 27

Alphacell v Woodward 1972.