UNIT 2 ALL IMPORTANT CASES

Question 1

R v LEWIS 1970 (Avoiding action)

Answer 1

Wife broke her legs when jumping out of a third floor flat. Husband was threatening her. Husband guilty of GBH

Question 2

R v SMITH 1959 (Another person intervenes)

Answer 2

Soldier was stabbed, and received bad medical treatment, which affected the chance of recovery by around 75%. Defendant still guilty of murder

Question 3

R v CHESHIRE 1991 (Another person intervenes)

Answer 3

V shot twice, and needed a tube to breathe. Had a rare complication with the tube and he died. Court said the D is still guilty of V’s death

Question 4

R v MALCHEREK 1981 (Another person intervenes)

Answer 4

Decided switching off a life support machine is not breaking the chain of causation

Question 5

R v JORDAN 1956 (Another person intervenes)

Answer 5

Had an allergic reaction to antibiotic, then given another large does of it the next day. D not guilty of murder

Question 6

R v BLAUE 1975 (Victim refuses treatment)

Answer 6

V is a Jehovah’s Witness. Because of her religion, after being stabbed she refused a blood transplant. D guilty of murder

Question 7

STROWGER v JOHN 1978 (Strict Liability)

Answer 7

Tax disc fell from the window. Owner guilty of the offence as he didn’t have his tax disc on display, not necessary for it to be proven deliberate

Question 8

R v VICKERS 1957 (Mens rea for murder)

Answer 8

Was stealing from a shop and saw an old lady. Without using a weapon, he hit her around the head several times, killing her. He did not mean to kill her, but the court said he is guilty of murder

Question 9

R v MOLONEY 1985 (Foresight of consequences)

Answer 9

Father and step-son in friendly argument & drunk. Challenged each other to see who could load a gun faster. Step-son accidentally shot the father. Guilty of manslaughter

Question 10

R v WOOLIN 1998 (Foresight of consequences)

Answer 10

D threw his baby 4/5 feet towards a pram, causing damage and in the end death. Guilty of manslaughter

Question 11

R v MARTIN 2002 (Fear of violence - diminished responsibility)

Answer 11

Men tried to burgle an isolated, previously burgled house. The D then got his shotgun and killed one of them. He tried to use the defence of self-defence, but the force was not proportional. Then used the defence of diminished responsibility and convicted of manslaughter

Question 12

R v DOUGHTY 1986 (Things said or done - diminished responsibility)

Answer 12

D threw his son at a wall as he wouldn’t stop crying. Court said this was something done. Guilty of manslaughter

Question 13

R v MITCHELL 1983 (Unlawful Act Manslaughter)

Answer 13

D tried to push in a queue. Got in a fight and fell into an old lady, breaking her leg, and died from complications. Guilty of manslaughter

Question 14

DPP v NEWBURY AND JONES 1976 (Unlawful act manslaughter)

Answer 14

2 boys pushed a paving stone onto a railway when a train was coming, and killed a guard

Question 15

R v ADOMAKO 1994 (Gross Negligence Manslaughter)

Answer 15

Anaesthetist failed to notice the essential oxygen tube was disconnected. Guilty of manslaughter

Question 16

R v EVANS 2009 (Duty of care - gross negligence manslaughter)

Answer 16

D gave her half sister, V, heroin and she injected it in herself. It was clear she had overdosed and D just put her to bed hoping she’d get better, and the mother didn’t do anything either. She died and D and the mother guilty of gross negligence manslaughter

Question 17

R v WACKER 2002 (Gross negligence manslaughter)

Answer 17

Lorry driver who agreed to take 60 immigrants across the border. Shut the vents to stop being caught. Crossing took longer than expected, and had the vent closed for several hours (more than usual) and 58 out of 60 were dead

Question 18

R v IRELAND 1997 (Assault)

Answer 18

Silent phone calls was enough to put V under fear of violence and guilty of assault

Question 19

COLLINS v WILCOCK 1984 (Battery)

Answer 19

Police man held a women’s arm unlawfully as he wasn’t actually arresting her

Question 20

FAGAN v METROPOLITAN POLICE COMMISSIONER 1969 (Mens rea and actus reus overlap)

Answer 20

D drove car on police mans foot by accident, and refused to move it, then gaining the intention for a battery

Question 21

R v SAVAGE 1991 (Mens rea for ABH)

Answer 21

D threw her drink on someone, and accidentally threw the glass as well causing a cut to the hand. D said she didn’t mean to, but the drink throwing was unlawful force

Question 22

R v PARMENTER 1991 (Mens rea for s.20)

Answer 22

D threw baby and caught it, causing GBH. D said he had one it with previous children and didn’t realise the danger and didn’t mean to harm the child. Not guilty

Question 23

R v LATIMER 1886 (Transferred malice)

Answer 23

D aimed a bow at one person, but shot another. His intention went from one person to another

Question 24

OXFORD v MOSS 1979 (Property)

Answer 24

A student scanned and copied an exam paper and returned it. Can’t steal knowledge as it isn’t tangible and therefore physical

Question 25

R v TURNER 1971 (Belonging to another)

Answer 25

D took his car from a garage without paying the repair bill. Garage had a legal right to the car, and therefore D was guilty of stealing his own car

Question 26

R v LLOYD 1985 (Intention to permanently deprive)

Answer 26

Borrowed a film, copied it and returned it, did not permanently deprive the theatre of it. Not guilty of theft

Question 27

R v HALE 1979 (Force - Robbery)

Answer 27

Forced way into house by putting hand over mouth, and also tied up the owner at the end, held covering mouth was enough force for a robbery

Question 28

R v RYAN 1996 (Entry - Burglary)

Answer 28

D trapped when trying to burgle a house. His head and arm in the building. Court said it was sufficient entry

Question 29

SMITH and JONES 1976 (Trespasser - burglary)

Answer 29

Had key to fathers house, and stole a TV. Went beyond permission when stole, so was a trespasser

Question 30

WALKINGTON 1979 (9(1)(a) intention)

Answer 30

Went into a clearly marked trespass zone in a shop and intended to steal. Although he didn’t manage it, guilty of burglary

Question 31

VINCENT 2001 (Making off without payment)

Answer 31

D agreed with owner to pay at a later date, and therefore did not make off without paying from a hotel

Question 32

R v MACDAVITT 1981 (Making off without payment)

Answer 32

D refused to pay, and V called the police. D went to toilets, and hadn’t technically left the premises and not guilty

Question 33

WILLER 1986 (Duress of circumstances / necessity)

Answer 33

D and passenger driving down alley way and car surrounded by a gang who were threatening them. D drove on the path, and this was necessary to get away. Was not guilty or his conviction

Question 34

R v BYRNE (Diminished responsibility)

Answer 34

D raped and cut up a girl. Had sexually perverted desires, and using diminished responsibility, was guilty of manslaughter

Question 35

R v DICA 2004 (Consent)

Answer 35

D knew he had HIV. Slept with 2 women and had consent to do so, but didn’t consent to contracting HIV themselves

Question 36

R v BARNES 2004 (Consent - sports)

Answer 36

D tackled V in a football match causing a badly damaged leg. When playing sport, you have consented for a reasonable amount of harm

Question 37

CORBETT v CORBETT 1970 (One man one woman - marriage)

Answer 37

The wife was born a male and tried to marry a man. Court held she could not legally marry another man

Question 38

HIRANI v HIRANI 1982 (Lack of consent - voidable marriage)

Answer 38

Girl forced into a marriage by parents

Question 39

VALIER v VALIER 1925 (Lack of consent - voidable marriage)

Answer 39

Italian didn’t understand much English. What he believed was an engagement ceremony, was actually the wedding

Question 40

WOOD v SMITH 1993 (Signed by the testator - wills)

Answer 40

Signed the will at the top of the page, court said this was a valid signature

Question 41

Re JONES 1981 (Privileged wills)

Answer 41

Soldier on duty was shot, and said that all of his estate would go to his fiancé at the time. His oral statement was enough to make a valid will in the circumstances

Question 42

R v AHLUWALIA 1982 (Loss of control)

Answer 42

The defendant was subject to years of abuse from the victim. After being beaten one night a few hours after her husband went to bed the defendant set him on fire. The court ruled that it was not loss of control as she waited hours before reacting

Question 43

DPP v CAMPLIN (Loss of control)

Answer 43

After many years of abuse, a 15 year old boy hit his abuser around the head with a chapati pan, and killed him. Used loss of control as a defence