Cases Flashcards
What is the HILL v BAXTER case?
Where the driver of a car suffered a heart attack and crashed. The judge said he was not guilty due to not acting voluntarily and gave these examples, which were the driver being stung by a swarm of bees or being struck on the head by a stone.
What was the legal point of the HILL v BAXTER case?
The Actus Reus must be done voluntary if the defendant is to be found guilty.
What was the legal point of the LARSONNEUR case?
She had been found in the UK without permission of being there, even though it was not done voluntarily, it still formed the Actus Reus
What was the LARSONNEUR case?
A french citizen who came to the UK and was ordered to leave. Because of this she decided to move to Eire in Ireland, where upon her arrival she was deported back to the UK. When she arrived to the UK she was arrested for being an illegal ‘alien’ because she had been refused permission to arrive in the UK.
What is the Pittwood case?
Pittwood was employed as a gate keeper at a railway crossing. One day he went for lunch leaving the gate open. A cart crossing the railway line got hit by a train. One man on the cart was killed. Pittwood was convicted of manslaughter.
What is the legal point of the Pittwood case?
Was convicted for manslaughter based on his failure (omission) to close the gate when a train approached. The duty to close the gate was a point of his contract of employment.
What is the Gibbons and Proctor case?
Gibbons and Proctor had a daughter from one of the partners’ previous marriage. They purposely kept her under lock and key in a room, isolating her and refusing to feed her. The girl starved to death. They were convicted of murder.
What is the legal point to the Gibbons and Proctor case?
They were liable for murder due to the fact that they both failed to undertake the responsibility they both had for their daughter (relationship).The failure to feed the child deliberately led to amounted to the Actus Reus.
What is the Stone and Dobinson case?
The defendants lived together. Stone’s sister came to live with them and she was anorexic. S and D made some effort to care for the sick woman, but did not call the emergency services. She eventually died.
What is the legal point to the Stone and Dobinson case?
Stone and Dobinson were convicted of murder as they had taken on a duty of care by allowing the sister to live in their home, and then omitted to make other arrangements for her (voluntarily), whilst knowing she relied on them.
What is the Dytham case?
A uniformed police officer saw a man who was being kicked to death. He took no steps to stop the attack and drove away when it was over.
What is the legal point to the Dytham case?
He was convicted of the offence of misconduct in a public office as he omitted to protect the victim.
What was the Miller case?
Miller had been squatting in a house had fell asleep whilst smoking a cigarette. He was awoken by the flames but instead went into another room. The whole house was damaged by fire.
What is the legal point to the miller case?
He was convicted of criminal damage as he had set in motion a chain of events by leaving the room without any attempt to extinguish the flames.
What is the R v Harris and Harris case?
Where the parents of a girl refused the doctors to treat her diabetes with insulin.
What is the legal point to the R v Harris and Harris case?
The parents were guilty of manslaughter due to the fact that their duty arose from their relationship with their daughter and that parents have a duty to care for their children.
What is the case of Pagett?
The defendant used his girlfriend, Gail, as a human shield whilst he shit at armed police. The police fired back and unfortunately killed gail
What is the legal point for the case of pagett
Pagett was convicted of Gails manslaughter as she would not have died ‘but for’ his use if her as a human shield.
What is the case of white
White put poison in his mothers drink intending to kill her. She died shortly after as a result of a heart attack. The poison had not taken affect at the time.
What is the legal point for the case of white?
Whilst he intended to kill his mother and she died, he had not caused her death and could not be guilty of murder. There was no factual cause of death
What is the case of Kimsey
Two drivers were racing each other and one of them crashed and died. The question was, ‘was the defendant liable for manslaughter?’
What is the legal point for Kimsey
The court held that the defendant’s act does not have to be the substantial cause, but does need to be more than a slight or trifling link.
What is the case of R v Smith
Two soldiers were involved in a fight. The victim received a stab wound to that pierced his lung. The victim was taken to the medical station where he later died. The defendant objected being liable for murder because the victim had been dropped, the medical officer didn’t realise the seriousness of his injury as he was dealing with do many others. Overall the defendant claimed that treatment was thoroughly bad
What is the legal point for the case of R v Smith
The court held that the defendants stabbing was the operating and substantial cause of the victims death, as the victim died due to blood loss of the stab wound.
