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cases Flashcards

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1
Q

R v Gibbons and Proctor

A

-duty to act
-duty arising from a special relationship
-mum and dad let their 7 y/o starve to death, neglected their duty of care
-charged with murder

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2
Q

R v Stone and Dobinson

A

-duty to act
-duty arising from an assumption of care
-stone’s sister was anorexic, she came to live with the defendants, they neglected to care for her and she died
-charged with GNMS

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3
Q

R v Pittwood

A

-duty to act
-duty arising from a contract of employment
-d worked for a railway company controlling a gate, left it open during lunch break, oncoming train hit someone crossing, they died
-charged with manslaughter

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4
Q

R v Dytham

A

-duty to act
-duty arising from an official position
-D (a police officer) stood and watched as a bouncer kicked a man to death
-charged with misconduct in a public office

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5
Q

R v Miller

A

-duty to act
-duty to avert a danger of one’s own making
-d fell asleep with a lit cigarette in his mouth, woke up to find the mattress on fire, didn’t put it out, moved to another room and fell back asleep, caused £800 damage
-charged with arson

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6
Q

R v Dobson and Norris

A

-retrospective liability
-re-trial of a murder under the Criminal Justice Act 2003 for ‘new, compelling, substantial and reliable’ evidence
-charged with murder

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7
Q

R v Blaue

A

-thin skull rule
-v refused d’s sexual advances, he stabbed her 4 times, she refused a blood transfusion at hospital for religious reasons, died
-charged with manslaughter by way of diminished responsibility

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8
Q

R v Kimsey

A

-de minimus conduct was more than minimal cause
-car race, v’s car slipped, hit D’s car, D went into oncoming traffic, died
-charged with a 4 year driving suspension and 2 years imprisonment

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9
Q

R v Cheshire

A

-medical intervention rule (doesn’t break chain of causation)
-d shot v, v was taken to hospital, had a breathing tube for 4 weeks, caused issues, died of a narrowed windpipe
-charged with murder

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10
Q

R v Smith

A

-‘operating and substantial cause’ rule
-d (soldier) stabbed v (soldier), v was taken by medics, dropped on the way, given a misdiagnosis (punctured lung), died
-charged with murder

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11
Q

R v Williams

A

-intervening act rule
-ds picked up a hitchhiker (v), v jumped out of a 30mph car, hit head, died, ds were supposedly trying to rob v
-case was quashed because there wasn’t enough evidence ds were trying to rob

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12
Q

R v Mitchell

A

-transferred malice AND voluntariness
-d queue jumped at a post office, elder man took issue, d pushed him, he fell onto old woman who broke leg and died
-charged with manslaughter

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13
Q

R v Latimer

A

-transferred malice
-pub fight, d tried to hit the other with his belt, missed, hit woman sitting next to them
-charged with malicious wounding

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14
Q

R v Pemblinton

A

-transferred malice
-d ejected from pub, physical altercation on street, threw large stone at other, missed, smashed a window
-quashed conviction, transferred malice only occurs if AR stays the same

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15
Q

R v Mohan

A

-direct intent
-d drove car when PO told him to stop, almost hit PO, judge said d must have been reckless to the consequences
-charged with attempted ABH

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16
Q

R v Woollin

A

-oblique intent
-d threw his 3 m/o baby to the ground when it wouldn’t stop crying, died of a fractured skull
-charged with manslaughter

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17
Q

R v Cunningham

A

-subjective recklessness
-d removed gas meter to take the money inside, it caused a gas leak in his neighbours house, v died from gas poisoning
-conviction was quashed

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18
Q

Callow v Tillstone

A

-strict liability offences
-butcher sold unfit meat, but had had the meat certified as safe by a vet
-charged with exposing unfit meat for sale

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19
Q

R v Blake

A

-strict liability offences
-d operated a pirate radio station without a license, radio bands are for emergency services only
-charged with using wireless telegraphy equipment without a license

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20
Q

Harrow LBC v Shah

A

-strict liability offence
-lottery ticket sold to someone under 16
-charged with selling a ticket to a child under 16 under s13 of the National Lottery Act 1993

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21
Q

Fagan v MPC

A

-contemporaneity rule
-d accidently drove over a PO’s foot, PO shouted at him to move, he refused
-charged with assaulting a PO in the execution of his duty

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22
Q

R v Clegg

A

-murder
-AR - ‘unlawful’ (lack of wicked motive doesn’t make it lawful)
-soldier used excessive force, killed a joyrider who failed to stop at a checkpoint
-charged with murder

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23
Q

R v Inglis

A

-murder
-AR ‘human being’ and ‘death’
-mother killed her son who was in a vegetative state following an accident
-charged with murder
-‘a disabled life is not one jot less precious than the life of an able bodied person’

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24
Q

DPP v Smith

A

-murder
-MR ‘intent to cause really serious harm’
-d flung a PO off their car, PO died
-charged with murder

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25
R v Asmelash
-voluntary manslaughter -loss of control -d insulted and taunted by V, D was drunk, stabbed v to death -LoC isn't available with voluntary intoxication, charged with murder
26
R v Dawes
-voluntary manslaughter -loss of control -d found v asleep with his wife, attacked him with a bottle, v took the bottle, d went and got a kitchen knife and killed v -qualifying triggers -charged with murder
27
R v Rejmanski
-voluntary manslaughter -loss of control -d was a soldier who was being taunted for his service in afghanistan -qualifying triggers- PTSD -charged with murder
28
R v Clinton
-voluntary manslaughter -loss of control -d killed his wife following taunts of affairs and mental illness -charged with murder?
29
R v Dietschmann
-voluntary manslaughter -diminished responsibility -d and his friends were drinking, v accidently broke d's watch that was given to him by his dead aunt, d killed him -abnormality and alcohol -charged with manslaughter
30
R v Golds
-voluntary manslaughter -diminished responsibility -d had a history of mental disorder, killed his partner with 22 stab wounds following an argument -substantial impairment -charged with murder
31
R v Carey
-involuntary manslaughter -unlawful act manslaughter - causation -v ran 100 meters away from bullies, collapsed, died of ventricular fibrillation, v had a heart disease -conviction was quashed, cause of death was too remote
32
R v Lamb
-involuntary manslaughter -unlawful act manslaughter, MR (and assault, apprehension) -a boy shot and killed another while playing with a gun they thought wouldn't go off -no intent -charged with manslaughter
33
R v Lowe
-involuntary manslaughter -unlawful act manslaughter -d failed to call a doctor for his sick child, child died -must be an unlawful act for UAMS, not an omission -charged with gross negligence manslaughter
34
R v Church
-involuntary manslaughter (and contemporaneity rule) -unlawful act manslaughter -during a fight, d knocked v unconscious, tried to wake her for 30 minutes, thought she was dead, threw her body into a river, cause of death was drowning -charged with manslaughter
35
R v Broughton
-involuntary manslaughter -gross negligence manslaughter -d failed to summon help after giving his girlfriend hallucinogenic which caused her death -conviction quashed
36
R v Adomako
-involuntary manslaughter -gross negligence manslaughter -d was an anaesthetist who failed to notice a disconnected oxygen pipe, caused v's death -charged with GNMS
37
R v Misra and Srivastava
-involuntary manslaughter -gross negligence manslaughter (breach must be gross) -v was d's patient, v developed an undiagnosed and untreated infection in wound, despite obvious symptoms -charged with GNMS
38
DPP v K
-battery -AR - application -a school boy took acid from science class and hid it in a hand dryer, intending to come back to get it, someone used the hand dryer, got burns -application doesn't need to be direct -charged with s47
39
Logdon v DPP
-assault -AR - apprehend -d pointed an imitation gun at v, who was terrified, then told her it wasn't real -doesn't need to be an actual threat for assault -charged with assault
40
Tuberville v Savage
-assault -words can negate an assault -d put hand on sword, said 'if it were not assize time, i would not take such language from you' -no trial
41
R v Parmenter
-assault -MR - recklessness -d assaulted his baby son -even if he didn't know how to hold a baby he should have seen the risk, charged with ABH
42
R v Chan-Fook
-s47 -french student staying in mrs fox's house, her engagement ring went missing, her husband accused v, slapped multiple times, locked upstairs, threatened more violence, v tried to escape, fractured wrist, dislocated hip -conviction quashed
43
R v Roberts (1)
-s47 -'causation' and MR -v jumped out of a moving car to escape d's sexual advances -escape from physical danger doesn't break the chain of causation -charged with s47 and sexual assault
44
C v Eisenhower
-s18 + s20 'wounding' -pellets from d's ari gun caused bruising and internal blood vessel rupturing in v's eye, but no broken skin -charged with ABH?
45
R v Brown and stratton
-s20 -GBH can be multiple ABHs -v had a broken nose, lost 3 teeth, facial swelling, lacerations to eye and a concussion -charged under s20
46
R v Bollom
-s20 -GBH can be lesser injuries on a vulnerable person -17m/o baby had various bruises and abrasions -on appeal, charged with s47
47
R v Burstow
-s20 +s18 -GBH can be psychiatric injury -d harassed v, as a result she suffered severe depression -charged with assault
48
R v Savage
-s20 MR -foreseeability -d threw a pint of beer over v in a pub, the glass slipped out of d's hand and cut v's wrist -charged with s47
49
R v Morris
-theft -AR s3 'appropriation' interfering with owners rights -d swapped price labels in a supermarket -charged with theft
50
R v Smith (and others)
-theft -AR s4 'property' can include illegal property -d and his friends robbed heroin off of V -charged with robbery
51
R v Turner
-theft -AR s5 'belonging to another' 'in possession or control' -d took his car back from a garage without paying for the repairs -charged with theft
52
R v Lawrence
-theft -MR s2(1)(b) - dishonesty -d (a taxi driver) tok £7 for a £1 fare from a foreign passenger who held open their wallet -charged with theft
53
R v Small
-theft -MR s2(1)(c) dishonesty -d took a car that had been left for 2 weeks with a flat battery, windows down, no petrol and the keys in ignition -conviction quashed
54
R v Velumyl
-theft -s6 intention to permanently deprive -d took £1050 from a safe intending to return it -unless the exact notes could be returned it amounted to ITPD -charged with theft
55
Ivey v Genting Casinos
-theft -s2 dishonesty test -d was a professional gambler, won £7.7mil at a casino, owners refused to pay claiming he cheated -created the dishonesty test
56
R v Robinson
-robbery -MR s2(1)(a) - dishonesty -d was owed £7 by v's wife, d approached v with a knife, while arguing v dropped £5, d took it -conviction (for robbery) quashed
57
R v Lockley
-robbery -time of force (force used to escape is treated as force used to steal) -d caught shoplifting by security, used force to escape -charged with robbery
58
R v Hale
-robbery -continuing act -d1 and d2 broke into a house, d1 tied up v while d2 took items from upstairs -charged with robbery
59
R v Clouden
-robbery -slight force, left to jury -d snatched a handbag out of v's hands -charged with robbery
60
R v Geddes
-attempts -merely preparatory -d found in a boys toilets, ran away when seen, found a backpack nearby with tape, knife and rope (attempted false imprisonment) -conviction quashed
61
R v Campbell
-attempts -merely preparatory -d approached a post office with a knife and threatening note (attempted robbery) -retrial?
62
R v Jones (1)
-attempts -more than merely preparatory -d got into v's car and pointed a shotgun at him (attempted murder) -charged with attempted murder
63
R v Boyle and Boyle
-attempts -more than merely preparatory -d1 and d2 found standing next to a door with broken locks and hinges -charged with attempted burglary
64
R v Khan
-attempts -MR -d convicted for attempted rape (only had to be proven he was trying to have sex, as v didn't consent) -charged with attempted rape
65
R v Whybrow
-attempts -MR 'intent to kill' (no intent to cause really serious harm satisfies murder MR in attempts, it would be GBH) -d wired a soap dish next to the bath to electrocute V -charged with attempted murder
66
R v Jones (2)
-attempts -impossible attempts (factually impossible) -d tried to solicit underage girl for sex, but it was actually an undercover police woman -charged with inciting a child under 13 to engage in sexual activity
67
R v Shivpuri
-attempts -impossible attempts (factually impossible) -d (a drug courier) was arrested with what he thought was heroin, but was actually a harmless vegetable substance -charged with attempting to be knowingly concerned in dealing and harbouring heroin
68
R v Kemp
-capacity defences -insanity -k had a hardening of the arteries which restricted the blood flow to his brain, causing unconsciousness, making him hit his wife with a hammer -'disease of the mind' -not guilty by reason of insanity
69
R v Quick
-capacity defences -insanity -d took insulin but didn't eat enough food with it, attacked a patient -taking insulin was an external source, not suffcient -conviction quashed?
70
R v Clarke
-capacity defences -insanity -d took supermarket items and forgot to pay, she said it was due to her diabetes -'defect of reason', she was confused not insane -conviction quashed
71
R v M'Naghten
-capacity defences -insanity -m killed government official while suffering extreme paranoia -created the M'Naghten rules -not guilty by reason of insanity
72
R v Burgess
-capacity defences -insanity -d attacked his girlfriend after falling asleep -'disease of the mind' - sleepwalking is internal -not guilty by reason of insanity
73
Bratty v A-G for N.Ireland
-capacity defences -automatism -d strangled his girlfriend during a 'blackout' -created the legal test for automatism by lord denning -charged with murder?
74
A-G Reference No.2 1992
-capacity defences -automatism -truck driver drove in a trance-like state along the motorways hard shoulder, hit and killed 2 people -'total loss of control', d still had some, defence failed -trail acquitted
75
R v Coley
-capacity defences -automatism -d was a heavy cannabis user and a gamer, stabbed his neighbour to death during a brief psychotic episode -no automatism due to the external factor of cannabis
76
R v T
-capacity defences -automatism -d took part in a robbery 3 days after being raped, argued she was in a dream-like state and suffered PTSD -external stress can give rise to automatism if severe enough -automatism defence given
77
Hill v Baxter
-capacity defences -automatism -d said he lost consciousness as a result of an illness while driving, couldn't remember what happened -charged with dangerous driving
78
DPP v Majewski
-capacity defences -intoxication -d drank excessively and took drugs then got into a fight -abh is a basic intent crime so drinking amounts to being reckless -charged with ABH
79
Attorney General for NI v Gallagher
-capacity defences -intoxication -d decided to kill his wife, wet to buy whiskey and a knife, drank the whiskey and killed her -mens rea formed pre-intoxication, dutch courage -charged with murder
80
R v KIngston
-capacity defences -intoxication -d, a known paedophile, drank a drugged coffee then abused a young boy -despite involuntary intoxication, d still knew what he was doing -charged with indecent assault
81
McGhee
-capacity defences -intoxication -m pleaded automatism against ABH and s18 charges, he drunk himself into an involuntary state -intoxication was voluntary, even if he was in an involuntary state -charged with ABH and s18
82
R v Taj
-necessity defences -self-defence -d fatally wounded v who he mistakenly believed was a terrorist, d had a history of drug abuse and mental illness, was under the influence when done -defence of self-defence withdrawn because of intoxication -charged with murder
83
A-G Ref (No.2 of 1983)
-necessity defences -self-defence -d kept petrol bombs for protection after his shop was attacked several times during riots -pre-emptive strike, a person is entitled to prepare
84
R v Oye
-necessity defences -self-defence -h arrested after behaving oddly in a cafe, he threw plates at PO and fought them when arrested -psychological issues aren't relevant for self-defence, rejected but used insanity instead -not guilty by reason of insanity
85
R v Martin (Anthony)
-necessity defences -self-defence -m shot and killed a burglar -excessive force, m shot v while escaping -charged with manslaughter by way of diminished responsibility
86
R v Brandford
-necessity defences -duress by threats -d charged with conspiracy to sell class A drugs, argued her bf had been threatened unless he transported them so she did it to help -indirect threats, words were vague, lacked immediacy, she could have gone to police
87
R v Cole
-necessity defences -duress by threats -d robbed a building society to repay a debt after threats to his family -connection (nexus), he chose to commit the crime -charged with robbery
88
R v Conway
-necessity defences -duress by threats -c drove fast because he thought he was being shot at -duress available if he was acting to avoid a threat -case quashed
89
R v Graham
-necessity defences -duress by threats -d lived with his wife and homosexual lover, k. d helped k kill his wife, said it was because he was scared of k -created the graham test of general suitability -charged with murder
90
R v Pommell
-necessity defences -duress of circumstances -d found with a gun in his house, said he took it off a man and was intending to hand it in -left to the jury -retrial
91
DPP v Davis
-necessity defences -duress of circumstances -d drove while intoxicated to escape an attack -defence available, quashed
92
R v Martin
-necessity defences -duress of circumstances -m drove while disqualified because his wife threatened to kill herself if he didn't drop their son to school -created the martin test -appealed, given duress of circumstances
93
R v Howe
-necessity defences -duress by threats -h was party to torturing and killing a man, he later did the same thing on his own, said he had been threatened to do so -defence refused as one persons life isn't worth more than anyone else's -charged with murder
94
R v Valderrama-Vega
-necessity defences -duress by threats -v imported cocaine, threatened with the exposure of his homosexuality, death and financial ruin -all threats can be considered but there MUST be a threat of death
95
R v Hasan
-necessity defences -duress by threats -h associated with a violent drug dealer and was threatened into carrying out a burglary/robbery -imminence, threat must be immediate -association, defence fails for known association

Law AQA Criminal (16 decks)

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