Unit 1 Section B Cases

Question 1

R v Litchfield

Answer 1

The ordinary principles of negligence apply here

Question 2

R v Bateman

Answer 2

GNM is when “the negligence of the accused goes beyond mere compensation”

Question 3

Adomoko

Answer 3

conduct of the defendant has to be “so bad in all of the circumstances in their judgement as to amount to a criminal act or omission.”

Question 4

Misra and Srivastava

Answer 4

Only a risk of death will suffice for GNM

Question 5

Edwards

Answer 5

An example of GNM in the eyes of the jury

Question 6

Finlay

Answer 6

An example of GNM in the eyes of the jury

Question 7

M’Naughten

Answer 7

Insanity is an “abnormality of mental functioning”

-Also is responsible for the 3 elements of insanity

Question 8

R v Sullivan

Answer 8

Epilepsy counts as an “abnormality of mental functioning”

Question 9

R v Burgess

Answer 9

Sleepwalking counts as an “abnormality of mental functioning.”

Question 10

Andrews v DPP

Answer 10

Crimes of negligence won’t do for UAM

Question 11

Lowe

Answer 11

Crimes of omission won’t do for UAM

Question 12

Corion-Auguiste

Answer 12

For UAM, the unlawful act must cause the death of the V

Question 13

DPP v Newbury and Jones

Answer 13

Criminal damage can be a “dangerous” act

Question 14

R v Larkin

Answer 14

OAPA are always dangerous

Question 15

Le brun

Answer 15

For UAM, the D must only have needed to have mens rea for the unlawful act, not necessarily serious injury.

Question 16

R v Church

Answer 16

-Defines a dangerous act as

“something which sober and reasonable people would know subjects the other person to a risk of harm”

Question 17

What do the cases of
-Dawson
and
-Watson illustrate?

Answer 17

It’s assumed that the D would only have the knowledge which D had, or should have had when the crime was committed.

Question 18

Airedale NHS trust vs Bland

Answer 18

If someone is in a vegetative state, they can be medically offed as they’re already dead.

Question 19

Malcherek

Answer 19

If someone is in a vegetative state, they can be medically offed as they’re already dead.

Question 20

Homicide can be done if the defendant has a duty to act

Answer 20

R v Pitwood

Question 21

R v Woollin and R v Vickers are both

Answer 21

cases for implied malice

Question 22

R v White

Answer 22

“But for” test

Question 23

R v Pagett

Answer 23

legal causation test

Question 24

R v Cheshire

Answer 24

Medical intervention generally isn’t an intervening act and therefore doesn’t break the chain of causation

Question 25

R v Jordan

Answer 25

If medical intervention contributes more to the death of the C than D did, then it breaks the chain of causation

Question 26

R v Ibrams and Gregory

Answer 26

If the D acts out of revenge, they cannot use the defence of loss of control

Question 27

Camplin ILLUSTRATES

Answer 27

Where the defendants age and sex, with a normal degree of tolerance and self-restraint and in the circumstances of defendant, might have reacted in the same or similar way and is therefore acquitted

Question 28

R v Byrne

Answer 28

• Sexual perversion can cause diminished responsibility

- The jury decided whether impairment was substantial

Question 29

R v Smith

Hint: Diminished responsibility

Answer 29

PMS can be an “abnormality of mental functioning”

Question 30

R v Tandy

Answer 30

Alcohol dependency syndrome may count for diminished responsibility

Question 31

R v Stewart

Answer 31

presents juries with a 3 stage test for ADS

Question 32

R v Dawson and James

Answer 32

“force would be given its ordinary meaning.”

For robbery

Question 33

Watmore v Jenkins

Answer 33

D’s loss of control must be total to qualify for automatism