cases Flashcards
(25 cards)
what happens in R V Malcherek and steel?
UNLAWFUL KILLING
- malcherek defendant stabbed his wife
- steel defendant was accused of sexual assault and beating a woman over the head with a stone
- in both cases the victims were on life support and the doctors took them off the life support as the brain stems were not functioning
- the test of death is whether the brain stem is functioning
what happened in R V clegg?
SELF DEFENCE
the defendant fired shots at a car and the final bullet shot as the car was driving away, he killed the back seat passenger and was convicted of murder as the shot was fired after the danger had passed
what happens in R V Blackman?
QUEENS PEACE
a marine soldier was on active duty but injured a member of the taliban by shooting him. he was convicted of murder as he shot him whilst he was not on active duty
what happens in R V Page?
QUEENS PEACE
a british soldier killed an Egyptian national in Egypt. was convicted under section 9 of the Offences against the Person Act 1861 (1861 Act) which stated that where a British national commits murder of a person of any nationality, and commits it anywhere outside of the United Kingdom, whether within the Queen’s dominions or not, the offence can be dealt with in any place where that person is apprehended or in custody, as if it had been committed in England.
he was convicted of murder of an Egyptian national by a court-martial.
what happens in R V Pagett?
FACTUAL CAUSATION
defendant used his pregnant girlfriend as a shield while he shot an armed policeman, police fired back and the girlfriend was killed. she would not have died if it werent for him using her as a shield actus reus proven but no mens rea. there must be a direct link between actions and death
what happens in dalloway (1847)
LEGAL CAUSATION
defendant was driving horse and cart down a road without holding the reins, a child ran in front of the cart and was killed. defendant was not liable as he would not have been able to stop the cart in time if he has been holding the reins. key principle is that the culpable act was not holding the reins which was not the cause of death
what happened in smith (1959)
LEGAL CAUSATION
victim was stabbed and taken to hospital but had negligent treatment but mistreatment did not supersede original act. defendant was still liable for death
what happens in R V Blaue (1975)?
THIN SKILL RULE
young woman was stabbed and needed blood but was a jehovas witness and isnt allowed blood transfusion the victim died so the defendant was still liable
what happens in the case Jordan (1956)?
CHAIN OF CAUSATION
victim was stabbed and was taken to hospital where he was given antibiotics despite showing allergic reaction. was also given excessive amounts of intravenous liquids and died of pneumonia 8 days later. the victim died of the medical treatment not the stab wounds. defendant was not liable for death
what happens in the case of roberts (1971)?
CHAIN OF CAUSATION
girl jumped out of car to avoid sexual advances. intervening act (girl jumping out) ruled a direct consequence of sexual assault and maintained casual link. defendant was still liable for ABH
what happens in williams (1992)?
CHAIN OF CAUSATION
defendant gave lift to victim a hitchhiker and attempted to rob victim who jumped from moving car and died. jumping out a car to escape threat of robbery was in the expected range of responses that a reasonable person expect. casual link maintained. defendant liable
what happens in the case of R V Dytham?
DUTY OF CARE
a police officer watched an assault but did not intervene. duty of care was from contractual duty
what happens in the case of Gibbins V Proctor?
DUTY OF CARE
mother and father starved their child, had a duty of care from relationship
what happens in the case of stone V dobinson?
DUTY OF CARE
was looking after mentally ill sister and gave her no medical care. had a duty of care due to voluntary duty
what happens in the case of miller (1983)?
DUTY OF CARE
a squatter abandons a cigarette and caused a fire. duty of care from a chain of events
what happens in the case of vickers (1957)?
DIRECT INTENT
defendant broke into the cellar of sweet shop knowing the lady was death but the lade came down and found her. vickers hit her several times with fists and kicked her in the head. key principle is intention to cause GBH - intention to cause murder
what happens in the case of cunningham (1982)?
DIRECT INTENT
defendant attacked victim with a bar stool repeatedly but claimed that he didnt want to kill. intention to cause GBH rule upheld. the key principle is intention to cause GBH- intention to cause murder
what happens in the case of DPP V Smith?
INDIRECT INTENT
policeman tried to stop defendant driving off so jumped on the bonnet of the car, defendant drove off and zigzagged to get the policeman off. he argued that he did not intend to harm the victim. defendant was convicted of murder. key principle is that if a reasonable man could see that his actions might lead to GBH then intention to cause harm is present
what happens in the case of R V Moloney?
INDIRECT INTENT
on a drunken dare the defendant was dared to shoot the victim, he was convicted of murder but reduced to involuntary manslaughter on appeal. key principle is the moloney guidelines, foresight is only evidence that there may be intention. foresight is not intention itself. cannot have intention without foresight
what happens in the case of R V Woolin?
INDIRECT INTENT
a baby was thrown against a hard surface in order to get it into its cot. the key principle is that jury can only find intention if death or serious injury was a virtual certainty and defendant appreciated this otherwise must be recklessness and manslaughter
what happens in the case of latimer (1886)?
TRANSFERRED MALICE
defendant aimed a blow at a man with a belt because the man attacked him. the belt bounced off the man and struck a woman in the face= guilty of assault against the woman
what happens in the case of mitchell (1983)?
TRANSFERRED MALICE
defendant tried to push his way into a queue at the post office. a 72 year old mans told him off. defendant punched the man who fell backwards into a 89 year old woman. she was injured and died later from injuries. defendant convicted of unlawful act manslaughter, despite claiming unlawful act not directed at woman
what happens in the case of attoney generals reference (no3 od 1994) (1997)?
TRANSFERRED MALICE
the defendant stabbed his pregnant girlfriend and killed unborn baby but it was ruled that it can only be manslaughter (principle of human being) key principle is that it cannot be transferred malice because transferee had to be in existence
what happens in the case of R V Thabo meli (1954)?
FACTUAL CAUSATION
defendant caused intoxication of the victim before rolling him off a cliff to kill him. the victim died of exposure while lying at the bottom of the cliff. although the doctrine of coincedence requires actus reus and mens rea of a crime to coincide in time, the course of conduct of murder continued up until the victims death. defendant guilty.
