Law Cases Flashcards
What is the case of R v White
The defendant attempted to kill his mother by poisoning her evening drink, but medical evidence revealed she died of a heart attack, not the poison. He admitted planning to administer poison over time rather than kill with a single dose. The court applied the “but for” test of causation, determining that the defendant’s actions were not the cause of death. Despite this, he was convicted of attempted murder due to his intention and actions toward committing the crime.
What is the case of R v Pagett
The defendant used his pregnant girlfriend as a shield as he shot at armed policemen. The police fired back, and girlfriend was killed.
(The Court of Appeal ruled that a defendant’s actions must be operating on the victim at the time that the liability arises)
What is the case of R v Hughes
The defendant (D), who was uninsured and lacked a full driving licence, was involved in an accident caused by the victim, who was under the influence of heroin. The victim later died from their injuries. Although D’s driving was faultless, he was initially convicted of causing death by driving uninsured and unlicensed. The Supreme Court quashed the conviction, ruling that D was not legally the cause of the accident, as merely being on the road without proper documentation does not equate to causing a death.
What is the case of R v Kimsey
Kimsey (K) and Osbourne (O) were driving at high speeds in close proximity when O lost control of their car, collided with K’s car, and veered into oncoming traffic, resulting in an accident. K admitted to participating in a chase but denied attempting to overtake before the crash. Expert evidence indicated that O had lost control before the collision. K sought an extension of time to appeal against their conviction and sentence.
What is the case of R v Smith
A soldier stabbed a comrade during a fight at an army barracks. The victim was dropped twice en route to the hospital and received negligent medical treatment, including a failure to diagnose a punctured lung. The victim died, and the defendant was convicted of murder. On appeal, the defendant argued that the victim would have survived but for the medical negligence and that his confession was inadmissible as it was obtained under duress.
What is the case of R v Jordan
Jordan, a member of the United States Air Force, stabbed a man during a disturbance. The victim died in the hospital eight days later from broncho- pneumonia linked to the abdominal injury. Jordan was found guilty at first instance. However, the treating doctor disputed the cause of death and contacted Air Force authorities, prompting approval to gather further evidence.
What is the case of R v Stone and Dobinson
Stone, a 67-year-old blind and partially deaf man of low intelligence, lived with his housekeeper and mistress, Dobinson, who was described as inadequate. They took in Stone’s sister, who suffered from anorexia nervosa and mental health issues, agreeing to care for her. However, her condition worsened, and she was later found dead in her bed in appalling conditions. The case involved their failure in voluntary care.
What is the case of R v Miller
D was a squatter who had spent the evening drinking before returning to the property where he was staying. He fell asleep with a lit cigarette in his hand, which started a fire. When D woke and saw the fire, he took no steps to extinguish it. Instead, he moved to sleep in a different room. Eventually the whole house caught fire, causing over £800 worth of damage. D was convicted of arson.
(Duty to avert a danger of one’s own making)
What is the case of R v Gibbins and Proctor
Daughter, 7, died of starvation. Gibbins was her father, while Proctor was his mistress. The couple lived together with Gibbins’ children. Proctor hated the girl and had a history of abusing her. Gibbins gave money to Proctor to look after his children and claimed that he thought the child was looked after. Both were convicted for murder.
(Duty arising from a special relationship)
What is the case of R v Dytham
D was a policeman. He stood by whilst the victim thrown out of a nightclub and was subsequently kicked to death about 30 yards from where he was standing. D took no steps to intervene and when the fight was over, told a by-stander he was going off duty and left the scene. D was convicted of misconduct in a public office.
(Professional duty)
What is the case of R v Pittwood
The D was employed by a railway company to operate the gate at a level crossing across the track. He lifted the gate to allow a cart to pass across, but then failed to put it back down before going for his lunch break. During his absence, a horse and cart crossed the track through the open gate and was hit by a passing train. Both the horse and cart driver were killed. D was convicted of manslaughter.
What is the case of Winzar v Chief Constable of Kent
Police were called to remove an intoxicated defendant from hospital. The police placed the defendant outside the hospital and charged him with being drunk on the highway.
What is the case of R v Baxter
D drove across a junction ignoring a sign and hit another car. D said he was in a confused state and had no recollection of the accident.
What is the case of R v Inglis
A son was in an accident and suffered catastrophic injuries. His mother (D) gave him a lethal dose of heroin but he somehow survived. One year later, she tried again and was successful. Her motive was to relieve pain and suffering.
What is the case of R v Moham
D was driving and was asked to stop by a policeman who had stepped into the road. D initially slowed down and then when 10 yards away accelerated towards policeman who jumped out of the way at the last second.
