Rules and theory in criminal law Flashcards
Lesson 17
What 2 principles does the case of R v Brown (1994) support and what are the brief facts?
Principle: 1) that consent is not a defence to any form of assault.
2) that it is in the interest of society to not want people to harm themselves (same reason for drugs offences)
Brief facts: sadomasochists found guilty under OAPA (1861) despite giving consent.
What case supports the principle that consent is not a defence to any form of assault and for paternalistic law as a whole?
R v Brown (1994)
What principle does the case of R v Wilson (1997) support and what are the brief facts?
Also what case does it contrast with?
Principle: That branding your spouse with consent is not assault.
Facts: D branded wife’s arse with consent. Initially guilty due to R v Brown (1994) however appeal was successful-alternatively considered an act of personal adornment like getting a tattoo.
Name 2 cases that support the principle that an ‘act must be causative’
R v Cheshire (1991)
R v Dear (1996)
What principle does the case of R v Cheshire (1991) support and what are the brief facts?
Principle: that an act must be causative
Facts: D shot V-whist V in hospital died of complications arising from surgery. D found guilty of murder.
What principle does the case of R v Dear (1996) support and what are the brief facts?
Principle: that an act must be causative.
Facts: D slashed V. V died days later. D appealed saying V allowed wounds to reopen which constituted suicide-appeal dismissed.
Under what 4 circumstances will an omission constitute an actus reus?
A) contractual-duty to act
R v Pittwood (1902)
B) Statute-makes it an offence to fail to act
S170 Road Traffic Act (1988)
C) Relationship-moral obligation established from a particular relationship
R v Gibbins (1918)
D) Previous acts-created a potentially dangerous situation
R v Miller (1983)
What case supports the principle that failing to act under contractual duty constitutes an actus reus?
Give brief facts
R v Pittwood (1972)
Facts: level crossing guard failed to close gate-collision between train and vehicle occurred.
What principle does the case of R v Pittwood (1972) support and what are the brief facts?
Omission: contractual duty-failing to act under contractual duty constitutes mens rea
Facts: level crossing guard failed to close gate-collision between train and vehicle occurred.
What statute supports the principle that failing to act under guidance of a statue constitutes an actus reus?
Give brief details
S170 Road Traffic Act (1988)
Details: reporting a road accident to police is mandatory
What principle does the statute of S170 Road Traffic Act (1988) support?
Give brief details
Omission: That failing to act under the guidance of a statute constitutes an actus reus.
Details: reporting a road accident to police is mandatory
What case supports the principle that ‘certain relationships’ can create an obligation and therefore an actus reus in failing to act?
Give brief facts
R v Gibbons (1918)
Facts: Mother failed to feed child
What principle does the case of R v Gibbons (1918) support regarding omissions that constitute an actus reus?
Give brief facts
Omission: relationships
Facts: Mother failed to feed child
What case supports the principle that ‘previous acts’ can constitute an actus reus regarding omissions?
Give brief facts
R v Miller (1983)
Facts: D negligently set fire to mattress-failed to extinguish it-charged with arson
What principle does the case of R v Miller (1983) support regarding omissions that constitute an actus reus?
Give brief facts
Omission: previous acts that create a potentially dangerous situation
Facts: D negligently set fire to mattress-failed to extinguish it-charged with arson
With regards to mens rea, what two cases are examples of ‘intent’?
R v Moloney (1985) (drunk step son shoots dad)
R v Woollin (1998) (dad who threw baby)
What level of mens rea does the case of R v Moloney (1985) demonstrate?
Give brief facts
Level: (Oblique) Intent
Facts: Drunk father shot dead by drunk step son-did not intend death but foresaw a possibility-oblique intent-charged with manslaughter.
What level of mens rea does the case of R v Woollin (1998) demonstrate?
Give brief facts
Level: (Oblique) Intent
Facts: D threw baby into cot but instead V hit wall and died. D did not intend result but was aware of risk-guilty of manslaughter.
With regards to mens rea, what case is an example of ‘recklessness’?
Give brief facts.
R v Cunningham (1957)
Facts: D ripped gas meter from wall to steal money-injured neighbour. Charged under OAPA 1861.
What level of mens rea does the case of R v Cunningham (1957) demonstrate?
Give brief facts.
Intent: Recklessness
Facts: D ripped gas meter from wall to steal money-injured neighbour. Charged under OAPA 1861.
With regards to mens rea, what 3 cases are an example of ‘gross negligence’?
R v Stone and Dobinson (1977)-D’s failed to seek medical help for sick relative living with them
R v Prentice (1994)-electrician wired house wrong and V electrocuted
R v Adomako (1995)-medical professional failed to maintain equipment during an operation
What level of mens rea does the case of R v Stone and Dobinson (1977) demonstrate?
Give brief facts.
Intent: Gross negligence
Facts: D’s failed to seek medical assistance for sick relative that was living with them.
What level of mens rea does the case of R v Prentice (1994) demonstrate?
Give brief facts.
Intent: Gross negligence
Facts: Electrician wired up a central heating system wrong and caused death by electrocution.
What level of mens rea does the case of R v Adomako (1995) demonstrate?
Give brief facts.
Intent: Gross negligence
Facts: D was medical professional who negligently allowed air tubes to become disconnected during an operation.
What is the ‘contemporaneity rule’?
The rule that the actus reus and mens rea must occur in coincidence.
What two cases are examples of the coincidence of actus reus and mens rea?
Thabo Meli (1954)-single transaction of events-throwing V of cliff believing already dead
Fagan v Met Police Comissioner (1969)-continuing act-Policeman foot run over
