NON-FATAL Flashcards
Case for AR must be voluntary
(Hill v Baxter)
Duty to act as parents
(Gibbins v Proctor)
Assumed duty to act
(Stone v Dobinson)
Contractual duty to act
(R v Pittwood)
Duty to act as D set in motion a chain of events
(R v Miller)
Public duty to act
(R v Dytham)
Statutory Duty to Act
S170 Road Traffic Act 1988
Factual Causation
(R v White)
Legal causation
(R v Smith)
I: (R v Smith)
Act of third party: operating and substantial cause of death and therefore more than minimal cause
I: (R v Roberts)
V’s own actions: must be reasonably foreseeable
I: (R v Cheshire)
Medical negligence: extraordinary and unusual
I: Act of God/ nature
A natural but unpredictable event
I: (R v Blaue)
Thin skull rule: D must take their victim as they found them
R v Mohan
Direct intent: Desired outcome in mind
(R v Woolin)
Oblique intent: virtual certainty and D must realise this
(R v Cunningham)
Subjective recklessness: realises risk but takes it anyway
(R v Adamako)
Negligence: committed wrong doing which resulted in V’s injury or death
(Larsonneur)
State of affairs crime: ‘being’ rather than ‘doing’
(R v Latimer)
Transferred Malice
(R v Mitchell)
Transferred Malice- manslaughter
(R v Pembilton)
Transferred Malice- criminal damage
(Gammon v AG for Hong Kong)
5 factors strict liability
(Sweet v Parsley)
Strict liability: requirements of MR
(B v DPP)
Strict liability: presumption stronger for ‘true’ crimes
(Fagen v MPC)
Coincidence rule: Did not know they were committing the crime but when found out carried on
(R v Thabo Meli)
Coincidence rule: D has MR but AR happens later
NF: (Fagan v MPC)
Intentionally or recklessly make V apprehend immediate unlawful violence
(Smith v Supt of Woking)
Apprehend: causes V to have a general awareness of violence
Immediate: reasonable amount of time
(R v Ireland)
Silent phone calls (unlawful violence)
(R V Constanza)
Words, gestures, letters
(Tuberville V Savage)
Words can nullify an assault
(Logdon V DPP)
V can have a general awareness of violence even when joking
(Cole v Turner)
Slightest touch done in anger
(Haystead v DPP)
The application of force can be indirect
(Collins v Wilcock)
V must not consent
(Chan Fook)
More than trivial, less than serious harm
Psychiatric harm (beyond mere emotion)
ABH: (Miller)
Hurt or injury calculated to interfere with V’s health or comfort
ABH: (DPP V K)
Can be indirectly caused
GBH: (DPP V Smith)
Really serious harm
(Burstowe)
Serious psychiatric harm and indirect
(Dica)
Biological harm
(Bollom)
Bruising a baby
(Brown and Stratton)
Less injuries combined can cause
(Dugdale & Furmstone)
Requires hospital treatment
(Moriarty v Brookes)
A break to the second layer of skin- wounding
(JCC V Eisenhower)
Does not include internal injuries unless they cause bleeding outside of the body
(R v Dume)
Dog bites if D also has the MR
(Belfon)
S18- direct intent to cause GBH
