key criminal cases Flashcards
Voluntary act
Hill v Baxter 1958
D alleged that he lost consciousness as a result of illness when driving and couldn’t remember what happened
charged with dangerous driving
state of affairs
larsonneur 1933
D deported from Ireland to England
arrested and charged with breaching the aliens order 1920
despite her moving involuntarily she was still charged
omissions
contractual duty
pittwood 1902
D employed to operate a crossing gate at a railway, failed to put it back down and a horse and the cart driver were killed
omissions
duty because of a relationship
Gibbins and proctor
neglected and starved v
v died of starvation
omissions
duty taken on voluntarily
Stone v Dobinson 1977
taking care of stones mentally unstable sister
she became helplessly infirm
D’s neglected to take care of her and she died
omissions
duty through official position
Dytham 1979
D (police officer) stood and watched bouncer kick man to death
omissions
duty arise because the D has set in a motion of events
Miller 1983
set fire to mattress accidentally but when he realized he just slept in another room
factual causation
pagett 1983
D used pregnant girlfriend as a shield when police officer shot at him
officer shot girlfriend
legal causation
blaue 1975
d stabbed v, v declined a blood transfusion due to religious reasons and died
intervening act
smith 1959
D, soldier, got into a fight and stabbed another soldier
v was dropped and the treatment he received was negligent
v died
intervening act
Jordan 1956
v taken to hospital after being stabbed and given too much medication he was allergic to
doctor continued to give the medication to the v knowing he was allergic
v then died
victims own act
Williams 1923
D picked up hitchhiker and tried to rob him
v jumped out the car and got injured
v liable because his actions were unreasonable
not victims own act
Roberts 1972
v jumped out of car to avoid sexual advances
she sustained injury
not liable
intention
Mohan
decision to bring about the prohibited consequence
foresight of consequence
woolin 1999
threw 3 month baby at push chair
hit wall instead and died
recklessness
Cunningham 1957
D ripped gas meter off wall to steal money however this led to gas seeping next door and injuring the neighbour
wasn’t liable as he didn’t know it would cause injury
transferred malice
latimer 1986
d struck a blow with his belt at a man but hit a woman instead
severely injured her
coincidence
fagan 1969
d told by police officer to pull over and when he did this he ran over the officers foot
d refused to move when he was told he was on the officers foot
strict liability
shah 199
sold scratch card to 13 year old thinking they were 16
still liable as its a strict liability offence
common assault
words
constanza 1997
words alone can be assault
common assault
no words
ireland 1998
made silent phone calls to women with heavy breathing, caused women psychiatric harm
common battery
thomas 1985
touching of a skirt can be battery
s47
DPP v smith 2006
d cut off girlfriends hair
s47
chan fook 1994
d dragged v upstairs to a room and locked him in
v feared Ds return
injured himself jumping out of window
murder
vickers 1957
d was burgling a sweet shop
to avoid being recognised, he struck her many times and she died as a result of her injuries
murder
nedrick 1986
d held a grudge agaisnst woman
in the middle of the night he poured petrol through her letterbox and set it alight
diminished responsibility
byrne 1960
sexual psychopath who strangled and mutilated her body
according to doctors he couldn’t resist his sexual desires
diminished responsibility
dietschmann 2003
d suffering from suicidal thoughts after relatives death
punched and kicked to death people he accused of breaking the relatives watch
loss of control
self control
ahluwalia 1992
d had been abused by husband for years and she finally lost it
one night when he was asleep she got petrol and set him alight
he died
loss of control
excluded matters - sexual infidelity
clinton 2012
d’s wife admitted that she had an affair
d threatened he was going to commit suicide
she didn’t believe him
d beat her to death and strangled him
unlawful act manslaughter
lamb 1967
d pointed a revolver at v and pulled the trigger as a joke
killed v
unlawful act manslaughter
mitchell 1983
post office queue
jumped the queue and man was annoyed
d pushed man who fell into woman who got injured
she died from injuries
unlawful act manslaughter
goodfellows 1986
set fire to council house so he would be rehomed
got out of control and killed wife and kids
gross negligence manslaughter
Adamako 1994
undertaking surgery where anaesthetic was required, during the tube got disconnected and the patient had cardiac arrest and died
gross negligence manslaughter
wacker 2002
d agreed to bring 60 illegal immigrants in lorry
closed the 1 air vent to avoid detection
58 immigrants suffocated
