Ht1 Cases Flashcards
Omissions(contractual duty)
R v Pitwood
D was employed by a railway company and lifted the gate to allow a cart to get passed he failed to put the gate down before going on a lunch break. A train collided with a cart killing the train driver. He was liable as he had a duty of care (contractual duty)
Omission(duty through relationship )
R V GIBBON AND PROCTOR
D and his wife starve there 7 year old daughter with the intention to kill. A week later She then dies. They were found guilty of murder
(relationship duty)
Omission(duty taken voluntarily)
R V Evans
Mother and daughter convicted with gross negligence manslaughter as Carly daughter/sister died of heroin overdose
(Voluntary duty)
Omission(duty through official position)
R V DYHAM
D was a police officer who stood by and watched a bouncer kick a man to death he was charged with misconduct
(Official position)
Omission(duty through chain of events)
R V Miller
D was drunk and went back to the place he was staying. He went bed with a lighted cigarette witched caused a small fire. Upon seeing the fire he went into another room to sleep. He was convicted and liable for an omission.
(Chain of events
Factual causation-but for test
R V White
D put poison in mothers milk with intent to kill. The mother took a few sips went to sleep and never up. Medical reports revealed that she died from a heart attack and not the poison. The defendant was not liable for her murder as his act of poisoning the milk was not the cause of death.
He was liable for attempt.
Legal causation-(culpable act)
R V Dollway
3 year old ran in front of a car and was killed. D wasn’t liable as he wouldn’t of been able to stop in time.
(Legal causation culpable act)
Legal causation-(sole cause)
R V Benge
D misread the time book and took up the rails 30 mins before the train was due.
Train driver hit the breaks. The train derailed and killed many people. D was charged with gross negligence (Legal causation sole cause)
Oblique intent
(most up to date president )
R V Woolin
