cases Flashcards
R v Gibbons and Proctor
-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
R v Stone and Dobinson
-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
R v Pittwood
-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
R v Dytham
-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
R v Miller
-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
R v Dobson and Norris
-retrospective liability
-re-trial of a murder under the Criminal Justice Act 2003 for ‘new, compelling, substantial and reliable’ evidence
-charged with murder
R v Blaue
-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
R v Kimsey
-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
R v Cheshire
-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
R v Smith
-‘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
R v Williams
-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
R v Mitchell
-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
R v Latimer
-transferred malice
-pub fight, d tried to hit the other with his belt, missed, hit woman sitting next to them
-charged with malicious wounding
R v Pemblinton
-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
R v Mohan
-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
R v Woollin
-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
R v Cunningham
-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
Callow v Tillstone
-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
R v Blake
-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
Harrow LBC v Shah
-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
Fagan v MPC
-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
R v Clegg
-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
R v Inglis
-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’
DPP v Smith
-murder
-MR ‘intent to cause really serious harm’
-d flung a PO off their car, PO died
-charged with murder
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
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
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
R v Clinton
-voluntary manslaughter
-loss of control
-d killed his wife following taunts of affairs and mental illness
-charged with murder?
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
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
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
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
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
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
R v Broughton
-involuntary manslaughter
-gross negligence manslaughter
-d failed to summon help after giving his girlfriend hallucinogenic which caused her death
-conviction quashed
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
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
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
