Key cases - Criminal law

Question 1

Describe the case of R v Vickers (1957)

Answer 1

Area: Murder
Element: MR (implied)
Facts: Sweet shop burglary
Principle: ‘intention to inflict GBH resulting in death shows sufficient implied malice oforethought’

Question 2

Describe the case of A-G ref (No 3 of 1994)

Answer 2

Area: Murder
Element: AR - Reasonable Creature in being
Facts: Stabbing pregnant women
Principle: ‘Not a reasonable person in being.’ MR could not be transferred

Question 3

Describe the case of Lloyd 1967

Answer 3

Area: Murder
Element: Diminished responsibility - claiming depression
Facts: Murdered his wife but claimed it was a cause of his reactive depression
Principle: His depression was not ‘substantial’ enough to be cause for a reduction of the sentence

Question 4

Describe the case of R v Lamb

Answer 4

Area: Murder
Element: Unlawful manslaughter/involuntary manslaughter
Facts: Lamb accidentally shot his friend without realising there was a bullet in the chamber
Principle: The death must be caused by an unlawful act - a civil wrong (tort) is not enough.

Question 5

Describe the case of R v Lowe

Answer 5

Area: Neglect, manslaughter
Element: Unlawful manslaughter/involuntary manslaughter
Facts: Defendant was convicted of wilfully neglecting his baby son and of his manslaughter.
Principle: An omission cannot create liability for unlawful act manslaughter

Question 6

Describe the case of R v Larkin

Answer 6

Area: Murder
Element: Dangerous act
Facts: The defendant threatened another man with a razor, the mistress tried to intervene and drunkenly fell on the blade
Principle: The risk need only be of ‘some harm’ if a sober and reasonable person realises that the unlawful act might cause some injury then the test for unlawful act is satisfied.

Question 7

Describe the case of R v Adomako

Answer 7

Area: Manslaughter, gross negligence
Element: Gross negligence manslaughter
Facts: The defendant was an anaesthetist, one of the oxygen tubes slipped out and the patient died causing a lack of oxygen. The patient suffered brain damage and died six months later.
Principle: There was a breach of duty of care by the doctor, they committed gross negligence manslaughter

Question 8

Describe the case of Woollin (1998)

Answer 8

Area: Recklessness, GBH
Element: Voluntary manslaughter
Facts: Man threw three month baby towards pram
Principle: The defendant must have realised that the consequence was a virtual certainty

Question 9

Describe the case of Morrison (1989)

Answer 9

Area: GBH, recklessness
Element: GBH with intent, resisting arrest
Facts: Man attempted to escape officer and subsequently dragged her onto glass, damaging her face.
Principle: Does the word ‘resist’ favour the police, and is that fair to the D?