Cases ʕ•ᴥ•ʔ Flashcards
Woolmington v DPP
Burden of Proof
“Throughout the web of the English criminal law one golden thread is always to be seen—that it is the duty of the prosecution to prove the prisoner’s guilt… No matter what the charge or where the trial”
Haughton v Smith [1975] AC 476
Actus reus and mens rea
Conceptually a crime has 2 elements
‘an act does not make a man guilty of a crime, unless his mind be also guilty’
Winzar v Chief Constable of Kent (1983)
Actus Reus
Conduct Element of a crime
Offences of being found in a particular situation
Found drunk at side of road, found by police unsure what to do with him so police carried him to road and dropped him on the road which is a criminal offence, as on the side of the road is not a crime. By being there in such state it was a crime.
Airedale NHS Trust v Bland [1993]
Persistant vegative state – hillsbourgh victims
Lost all higher brain fucntion would never recover but not figuratively dead
Court decerlation by family that by removing life support would not be murder
Would be murder as clinical decision must eb made in best decision of patient
Removing life support treatment not murder if it was in Blands best interest
Removing or stopping will not breacha drs duty of care if it is in best interest
R v Dytham [1979]
Actus reus - Omissions duty situations
Duty to specifics of an offence
misconduct in public office (police officer)
D was police officer duty in uniform and ignored man being attacked
Other examples: s38B Terrorism Act 2000; s170 Road Traffic Act 1988
Failure to provide information to prevent a terrorst attack
R v Pittwood
Actus reus
Omissions duty situations
Contractual duty
Contract might give rise to a duty to act may lead to criminal liability if D failed to
Led to serious harm being caused to person
P employed to shut gates at a level crossing and failed to do so and was charged with gross negligent manslaughter a man was killed and the duty arose under employment
R v Gibbins & Proctor [1918]
Actus reus
Omissions duty situations
Duty due to a familial or special relationship
D lived with Gibbins 7yr old who they neglected to feed and the child died as a result, gibbins employed and gave D money to get food. G owed here a duty of care as being her dad. Proctor was guilty for taking money to get child food and not - assumed responsibility
R v Hood 2004
Actus Reus
Omissions duty situations
Duty due to familial or special relationship
D lived with Gibbins 7yr old who they neglected to feed and the child died as a result, gibbins employed and gave D money to get food. G owed here a duty of care as being her dad. Proctor was guilty for taking money to get child food and not - assumed responsibility
R v Nicholls(1874)
Actus reus
Omissions duty situations
Assumption of care
explicit agreement to care for V
D undertakes care of relative an actions –or express or implied act
Victims mother died, victims grandmother cared for victim, grandmother cared for grandson that led to his death, charged with gross negligent manslaughter
R v Instan 1983
actus reus
omissions duty situations
Assumption of care
implicit assumption of V’s care
R v Stone & Dobinson [1977]
Actus Reus
Omissions duty situatoin
