key criminal cases

Question 1

Voluntary act

Answer 1

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

Question 2

state of affairs

Answer 2

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

Question 3

omissions
contractual duty

Answer 3

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

Question 4

omissions
duty because of a relationship

Answer 4

Gibbins and proctor
neglected and starved v
v died of starvation

Question 5

omissions
duty taken on voluntarily

Answer 5

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

Question 6

omissions
duty through official position

Answer 6

Dytham 1979
D (police officer) stood and watched bouncer kick man to death

Question 7

omissions
duty arise because the D has set in a motion of events

Answer 7

Miller 1983
set fire to mattress accidentally but when he realized he just slept in another room

Question 8

factual causation

Answer 8

pagett 1983
D used pregnant girlfriend as a shield when police officer shot at him
officer shot girlfriend

Question 9

legal causation

Answer 9

blaue 1975
d stabbed v, v declined a blood transfusion due to religious reasons and died

Question 10

intervening act
smith 1959

Answer 10

D, soldier, got into a fight and stabbed another soldier
v was dropped and the treatment he received was negligent
v died

Question 11

intervening act
Jordan 1956

Answer 11

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

Question 12

victims own act

Answer 12

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

Question 13

not victims own act

Answer 13

Roberts 1972
v jumped out of car to avoid sexual advances
she sustained injury
not liable

Question 14

intention

Answer 14

Mohan
decision to bring about the prohibited consequence

Question 15

foresight of consequence

Answer 15

woolin 1999
threw 3 month baby at push chair
hit wall instead and died

Question 16

recklessness

Answer 16

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

Question 17

transferred malice

Answer 17

latimer 1986
d struck a blow with his belt at a man but hit a woman instead
severely injured her

Question 18

coincidence

Answer 18

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

Question 19

strict liability

Answer 19

shah 199
sold scratch card to 13 year old thinking they were 16
still liable as its a strict liability offence

Question 20

common assault
words

Answer 20

constanza 1997
words alone can be assault

Question 21

common assault
no words

Answer 21

ireland 1998
made silent phone calls to women with heavy breathing, caused women psychiatric harm

Question 22

common battery

Answer 22

thomas 1985
touching of a skirt can be battery

Question 23

s47
DPP v smith 2006

Answer 23

d cut off girlfriends hair

Question 24

s47
chan fook 1994

Answer 24

d dragged v upstairs to a room and locked him in
v feared Ds return
injured himself jumping out of window

Question 25

murder vickers 1957

Answer 25

d was burgling a sweet shop to avoid being recognised, he struck her many times and she died as a result of her injuries

Question 26

murder nedrick 1986

Answer 26

d held a grudge agaisnst woman in the middle of the night he poured petrol through her letterbox and set it alight

Question 27

diminished responsibility byrne 1960

Answer 27

sexual psychopath who strangled and mutilated her body according to doctors he couldn't resist his sexual desires

Question 28

diminished responsibility dietschmann 2003

Answer 28

d suffering from suicidal thoughts after relatives death punched and kicked to death people he accused of breaking the relatives watch

Question 29

loss of control self control

Answer 29

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

Question 30

loss of control excluded matters - sexual infidelity

Answer 30

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

Question 31

unlawful act manslaughter lamb 1967

Answer 31

d pointed a revolver at v and pulled the trigger as a joke killed v

Question 32

unlawful act manslaughter mitchell 1983

Answer 32

post office queue jumped the queue and man was annoyed d pushed man who fell into woman who got injured she died from injuries

Question 33

unlawful act manslaughter goodfellows 1986

Answer 33

set fire to council house so he would be rehomed got out of control and killed wife and kids

Question 34

gross negligence manslaughter Adamako 1994

Answer 34

undertaking surgery where anaesthetic was required, during the tube got disconnected and the patient had cardiac arrest and died

Question 35

gross negligence manslaughter wacker 2002

Answer 35

d agreed to bring 60 illegal immigrants in lorry closed the 1 air vent to avoid detection 58 immigrants suffocated