CASE NAMES AND DESCRIPITON

Question 1

Airedale NHS Trust V Bland

Answer 1

• Victim was in a vegetative state
• Doctors withdrew treatment in his best interest.
  LP: A PATIENT THAT IS IN A PERSISTENT VEGETATIVE STATE CANNOT WITHOLD OR OFFER TREATMENT

Question 2

Attorney General Reference No.3 of 1994 ( 1997)

Answer 2

• D stabbed childs mother whilst pregnant
• child lived for only 121 days
  -premature birth only occurred because of the injuries mother sustained from being stabbed
  LP: REASONABLE CREATURE IN BEING WHICH IS INDEPENDENT FROM ITS MOTHER.

Question 3

R v Vickers

Answer 3

• Old lady owns a sweet shop + lives upstairs
  -Vickers breaks in one day looking for money
• Old lady goes to check which suprises vickers + attacks her not intending death but causing serious harm which she later dies from.
  LP: INTENTION EXPRESS OR IMPLIED APPLIES FOR MURDER

Question 4

Stone and Dobinson V R

Answer 4

• S&D took in Stone’s sister which was sick.
  -The room they gave her had poor living conditions and facilities
  -She refused food and washing
  -They failed to find any medical assistance which resulted in her exacerbating and she died in horrendous conditions
  LP: DUTY OF CASE ARISING IN CASES OF VOLUNTARY ASSUMPTION OF CARE

Question 5

R v Martin

Answer 5

-Norfolk farmer
-Recluse ( doesnt like people)
-Local kids regularly terrorise him
-2 kids break in
-Disturbed + run away
-Martin shoots one in the back killing him
LP: KILLING NOT IN AN ACT OF SELF DEFENSE

had mental illness

Question 6

R v Clegg

Answer 6

-Clegg, a solider, fired 4 shots a a car driving through an army checkpoint
the 4th shot killed the victim
-Clegg claimed that he fired in self defence
-There wasn’t sufficient evidence to support this defence
LP: killing an enemy in wartime also was through an act

Question 7

R v Mohan (Direct)

Answer 7

• D drove car quickly when policeman ordered him to stop
• D drove into policeman but he jumped out of the way
• D was charged with attempted GBH
  LP: D SETS OUT/AIMS TO CAUSE THE CONSEQUENCE

Question 8

R v Woolin

Answer 8

Defendant killed his 3 month old son after throwing him onto a hard surface in rage trying to throw him into the pram.
LP: DEATH OR GBH WAS FORSEEN BY HIM AS A LIKELY RESULT OF HIS ACT

Question 9

Who came up with the definition of murder?

Answer 9

Lord Coke

Question 10

Definition of Murder

Answer 10

the unlawful killing of a reasonable creature in being under the kings peace with malice or forethought express or implied

Question 11

How to prove causation

Answer 11

• But for test: Factual Causation
• Operative and substantial cause of harm: Legal Causation

Question 12

Direct Intent

Answer 12

desired prohibited consequence

Question 13

Indirect intent

Answer 13

Foreseeing the consequence virtually certain

Question 14

Mens Rea for murder

Answer 14

Malice a forethought implied or express

Question 15

Actus Rea for murder

Answer 15

The unlawful killing of a reasonable person under the kings peace

Question 16

express malice

Answer 16

intent to kill

Question 17

implied malice

Answer 17

intent to cause gbh

Question 18

Causation

Answer 18

the act or omission must cause death

Question 19

R v Dunley & Stevens 1884

Answer 19

• shipwreck
• 3 sailors + cabin boy escaped in a lifeboat
• agreed to eat the weakest
• killed cabin boy + ate him
• sailors survive and are arrested upon rescue for murder
• LP: desired prohibited consequence of death

Question 20

DPP v Smith

Answer 20

• D was ordered by police constable to stop car which contained stolen goods
• D accelerated instead
• Police constable jumped onto car but fell off and was killed by another oncoming car after D violently swerved the car.