Unit 2: Questions Flashcards
Gammon v Hong Kong ltd
Strict liability
Outlined rules for strict liability
1. Must be in favour of MR
2. Can’t be used when criminal case
Shah v London
Strict liability - Social concern
Child under 16 bought lottery ticket (gambling)
R v White
Causation - But for Test
Cyanide in mothers cup, died before drinking. But for his actions she would have still died
Alpha cell v Woodward
Strict liability - protecting enviroment
Tried to prevent pollution, but polluted water when making paper in factory
R v smith
Causation
D kept falling off stretcher and died of injuries
R v Jordan
Causation - Novus Actus
Wrong antibiotics were given and died of result
R v Roberts
Causation - D’s own actions
Jumped out of car, feared driver
R v Blaue
Thin skull rule
Could not have blood transfusion and died. Take victim as you find them
Hill v Baxter
Omissions
If driving and attacked by bees, would not be guilty
Define omissions
Failure to act when you have a duty to do so
Dytham
Omission - contact duty
Policeman did not stop a fight when on duty outside a club
R v Miller
Omissions - failure to act in situation
cigarette on a mattress caused fire, woke up and did not out fire out
R v pittwood
Omissions- contractual duty
Did not close train gate when on break while in duty
Gibbons v proctor
Omissions- family relationship
Man did not feed child as it was stepdaughter not actual daughter
Define Mens Rea
Having the guilty mind, can be split into three parts:
Mohan
MR - Direct intent
“The decision to bring about, lies within such powers to the actual actual consequence”
Woolin
MR - Indirect intent
Threw baby in pram, missed and baby died
R v Cunningham
MR - Recklessness
Tried to break gas meter, caused gas leak and damaged neighbours
Define recklessness
MR
Having an unjustified risk
And D takes the risk anyway
Define indirect intent
MR
Result was virtually certain to happen
D knew the risk, but took it anyway
Define strict liability
Offences that do not require Mens Rea only Actus Rea
Sweet v Parsley
Strict Liability
Teacher allowed student to use summer cottage, was not aware of drug abuse
Reasons for Strict liability
Strict liability Saves time - "speeding tickets" Protecting Public Social concern Protecting enviroment
R v Latimer
Transferred Malice
Man tried to hit someone with belt, missed and hit someone else
Pembleton
Transferred Malice
Threw stone into crowd, missed and broke window
Define Transferred Malice
When the crime moved from the intended victims to the actual victim. Must be both from the same nature
