Criminal Law Cases Flashcards
(33 cards)
Actus Reus Case: R v Mitchell
Appellant tried to jump queue, an elderly man challenged him, appellant hit old man who fell back and injured an old lady, who later died.
Convicted of manslaughter and appealed that act was not directed at woman.
Held: Conviction upheld, no requirement that unlawful act be directed at victim.
Operating Cause Case: R v Smith
D got in a fight and stabbed another soldier. They were taken to medics but dropped twice on route.
Treatment was given wrong and failed to diagnose a lung puncture.
D convicted of murder and appealed that if given correct treatment he would have survived.
Held: Stab wound was operating cause of death, conviction upheld.
Substantial Cause Case: R v Jordan
D stabbed victim, they went to hospital and given antibiotics after showing allergic reaction to them. Also given excessive amounts of intravenous liquids. He died of pneumonia after 8 days.
Held: Died of medical treatment, not stab wounds. D not liable.
Direct Intent Case: R v Mohan
D driving quick and told to stop by police, car almost hit policeman and D charged with attempted ABH.
Judge directed that D had to have been at least reckless that ABH would be caused.
Held: Allowed appeal against D’s conviction since it has to be proved D intended the crime regardless of normal mens rea rules.
Oblique Intent Case: R v Woollin
Appellant threw baby onto hard surface, fractured skull and died.
Jury convicted murder and rejected provocation.
D appealed on grounds that in referring to ‘substantial risk’ the judge had widen the definition of murder and should have referred to virtual certainty (it was rejected).
Held: Conviction changed to manslaughter, a material misdirection expanded the mens rea of murder so that conviction was unsafe.
Subjective Recklessness: R v Cunningham
Appellant ripped gas meter from wall to steal money, gas escaped and seeped through into a neighbouring property poisoning future mother in law.
Charged under s 23 of the Offences against the Person Act 1861.
Trial judge directed jury that malicious meant wicked.
Held: Malicious means actual intention to do the harm, or, recklessness as to whether harm should occur or not.
Transferred Malice Case: R v Latimer
D fought a man in a pub, he took off his belt and hit the man, it ricocheted off and hit a woman in the face.
Held: D liable for injuries despite there was no intention, the mens rea to the man was transferred to her.
Strict Liability Case: R v Prince
Appellant took unmarried girl under the age of 16 out of fathers possession, he knew she was in possession of father but believed she was 18.
Held: Conviction upheld, his reasonable belief was no defence.
Mens Rea Of Murder Case: DPP v Smith
Policeman tried to stop D driving off with stolen goods by jumping on car bonnet, D drove with speed and zigzagged to get them off.
‘Grievous means no more and no less than really serious.
Loss Of Control Case: R v Clinton
R killed ex wife following taunts, revelations about affairs and mental illness.
Sexual infidelity can add to a defence where there exists other qualifying triggers.
Diminished Responsibility Case: R v Golds
D had a history of mental disorder, he killed his partner by inflicting 22 stab wounds after an argument.
Held: Court should leave interpretation of the word ‘substantial’ to the jury, but can advise that substantial means big or large.
Fault Case: Smedleys v Breed
4 tins out of 3.5 million included caterpillars. Company convicted of selling food not of the substance demanded by the purchaser.’contended that the presence of the caterpillar in the tin was an unavoidable consequence of the process of collection or preparation and that they therefore had a defence.
Held: In order for a defence, they needed to show that presence of extraneous matter was a consequence of food preparation and could not have been avoided.
Duress Case: Hasan
Associated with gang and relied on defence of duress, pleading that he was blackmailed into committing burglary to prevent his family from being harmed.
Held: Duress unavailable due to voluntary gang association, should have foreseen risk.
Transferred Malice Case: Pembilton
D threw stones into a crowd he wanted to disperse, he smashed a window.
Conviction of criminal damage was quashed, mens rea for an offence against people couldn’t be transferred to property offences.
GNM Case: Adomako
During operation, oxygen pipe disconnected and patient died. Anaesthetist appellant failed to notice or respond to obvious signs of disconnection
Held: Conviction for GNM upheld
Assault Case: R v Lamb
Two boys playing with a revolver and they didn’t think the gun would fire. One pointed it at the other and shot, killing him. Charged with unlawful act manslaughter.
Held: No unlawful act as no assault had been committed as victim didn’t believe gun would go off therefore he did not apprehend immediate unlawful personal violence.
Battery Case: R v Ireland
D made a series of silent telephone calls over 3 months to 3 different women.
Convicted of s.47 Offences Against the Person Act 1861.
He appealed saying silence cannot amount to assault and psychiatric injury is not bodily harm.
Held: Conviction upheld, silence can amount to these things.
s20 Wounding and GBH case: C v Eisenhower
Pellets from D’s airgun caused bruising and rupturing of internal blood vessels of V’s eye, but there is no breaking of skin.
Held: Not guilty, there needs to be a breaking of the skin.
Theft Appropriation Case: Corcoran v Anderton
Two D knocked down a woman, grabbing handbag, she didn’t let go, they ran off empty handed.
Held: Appropriation had taken place with the relevant dishonest intent to permanently deprive. Irrelevant they left empty, touching property amounts to appropriation.
Actus Reus of Theft Case: R v Morris
Switching price labels in supermarket, paying lower price for items.
Held: No appropriation of all rights of owner, appropriation happened when interference with rights of owner (labels) not at point of taking goods.
Mens Rea of Theft Case: R v Lloyd
D worked in a cinema and took films so that copies could be made by some associates.
Held: Not theft, films returned in original state and lost no practical value.
Mens Rea of Robbery Case: Corcoran v Anderton
D grabbed V’s handbag and instantly dropped it, leaving with nothing.
Held: Convicted of robbery as s1(1) of Theft Act 1968 was completed when he grabbed the bag.
Mens Rea of Attempt Case: R v Whybrow
D wired up a soap dish next to the bath and gave his wife an electric shock. Charged with attempted murder. Judge directed jury that mens rea for attempted murder is same for murder.
Held: Appeal dismissed, judge misdirected jury but verdict was still safe.
Insanity Case: R v Clarke
Absent-mindedly misplaced 2 jars and butter into her cart while shopping, she could not recall this.
Medical evidence stated she had depression and was diabetic. She pleaded guilty, appealing judges insanity finding.
Held: Short periods of AM does not amount to a defect of reason.
