Invol Cases Flashcards
Lamb 1967
2 boys playing with revolver. One boy shot it and killed the other.
Ratio:No unlawful act as no assault had been committed as the victim did not believe the gun would go off.
Franklin 1883
D took a box from another mans stall on a pier and threw it into the sea. The box struck and killed V, who was swimming.
Ratio:The unlawful act must constitute a criminal offence.
Lowe 1973
Lowe did not call a doctor for his sick infant child. The child died from dehydration and gross emaciation.
Ratio:UAM can only be committed by an act and not by an omission.
Larkin 1943
Appellant waved a razor about intending to score his mistresses lover. He claimed his drunk mistress blinded against the razor and was killed when it cut her throat.
Ratio:Unlawful act had been committed consisting of the assault against the mistresses lover. This was a sober and dangerous act.
Goodfellow 1986
D wished to move from his council house but could not, so he set it on fire as part of a scam. He wife, son and another woman died.
Ratio: no requirement that the unlawful act was directed at victims nor that it was directed at any person.
JM and SM 2012
D wished to re-enter night club after being kicked out. Security guard suffered an adrenaline included heart attack and died.
Ratio: the sober and reasonable person must foresee some harm but not the harm caused.
Dawson 1985
D and E robbed Vs petrol station wearing a mask and armed with a pickaxe handle and replica firearm. V pushed alarm and they fled. Soon after v suffered heart attack and died.
Ratio: D did not know of the heart disease and could not have caused harm to the attendant.
Watson 1989
D and E threw a brick through the window of vs house and entered it, confronting v, who was 87 and suffering from a sever heart condition. V died of a heart attack.
Ratio: could not be established that the break in caused the heart attack.
Burstow Dunn and delay 2013
V underestimate when a group of burglars were in his garage. During their escape, the evidence suggested that one of the burglars has used a truck to run the victim over.
Ratio:continuing act of burglary, they all committed unlawful act manslaughter as part of joint enterprise.
Lynch 2007
D assaulted the deceased, an alcoholic, to whom she had been married and he had been violent to her. The assault led to death as v suffered from heart conditions, d was not aware.
Ratio:
Mitchell 1983
D tried to jump the queue. S objected and d hit a, he fell into other people. V , elderly woman, suffered a broken femur and died.
Ratio: the doctrine of transferred malice was enough that an act directed only against a could still be the u lawful act making d liable for the death of v
Carey and others 2006
V was threatened by gang members, she ran and suffered a fatal heart attack.
Ratio: threats were not unlawful, v was no escaping, threats did not cause victims death.
Newbury and Jones
Boy threw slab off bridge. Hit and killed a driver.
Ratio: D foresees harm as a result of his actions.
Dias 2002
Appellant bought £10 worth of heroi. Edward injected himself and died.
Ratio: In r v Kennedy, the self injection is itself an unlawful act, would make the second party liable.
Kennedy no1 1999
A man V asked D to supply him with heroin, both lived in a hostel; D filled a string and gave it to v, who injected himself, he died by inhalation of gustric contents while actually intoxicated by opiates and alcohol.
Ratio: unlawful act, self injection which appellant assisted. The injection was a direct cause of death.
