- Murder And Attempts Flashcards
White (1910)
D poisoned mother who died of heart attack (not related to poison) - charged with attempt
Smith (1959)
D injured V, who was then dropped on route to medics, also had wrong treatment given- D still charged with murder as stab wound was an operating cause
Cheshire (1991)
D Shot V, V was given negligent treatment for breathing issues and died, D charged with murder as he has significant contribution
Roberts (1971)
V jumped out of a moving car because of D’s actions, D did not foresee V doing so. V’s act was a NVI, D charged of GBH under the daftness test
Paggett (1982)
D used V as a human shield. V was shot dead by police. Charged of manslaughter as D used V as a shield resulted in V dying — ‘but for’ test
Blaue (1975)
D stabbed V. V refused blood transfusion (which would have saved life) due to religion— D charged with manslaughter due to diminished responsibility, D was operating cause of death to V
DPP V Smith (1960)
D tried to throw V off his car bonnet, V was knocked into an incoming car and killed— D charged with murder as D contemplated GBH and as a result of these injuries V died
Woolin (1998)
D threw V (baby) onto hard surface, V died— charged with manslaughter as there was material misdirection which expanded the MR of murder
Matthews and Alleyne
Two D’s threw V info river not with the intention of murder, they assumed he could swim— charged with murder as the result of death was seen as virtual certainty as it was during a floor and V couldn’t swim
Gibbons and proctor
Two D’s starved their child— convicted of murder as murder can be caused by an omission— parents were both under a duty to protect their child and didn’t
Attorney Gen. Ref.
4 D’s threw a petrol bomb from a moving car which hit a nearby wall and six men— charged with attempted aggravated arson
Vickers
D broke into cellar, killed V who lived above the shop and cellar— convicted of capital murder and sentenced to death
Cunningham
D tore gas meter off wall to steal money, gas leaked which poisoned neighbour— trial judge directed the jury that ‘malicious’ meant ‘wicked’
Boyle and Boyle (1987)
D’s were found standing by a door with broken lock and hinge. D’s has carried out sufficient ‘series of acts’ to be an attempt— ‘series of acts’ test
Jones (2007)
D tried to shoot V. V threw gun away. D charged with attempted murder