criminal law cases

Question 1

pittwood

Answer 1

a contractual duty:
(a duty because of a job) pittwood a railway-crossing keeper failed to shut the gates when there was a duty to . the person crossing the line was killed by a train. keeper was guilty of manslaughter

Question 2

road traffic act 1988

Answer 2

a statutory duty:
(duty because of the law) liability for failing to act eg. failure to provide specimen of breath

Question 3

gibbins and proctor

Answer 3

a duty because of a relationship: they both deliberately starved their daughter to death. failure to feed daughter - both convicted of murder

Question 4

stone and dobinson

Answer 4

a duty of care which had been taken on voluntary:
man and his partner failed to care for his sister who died of malnutrition - both convicted of manslaughter

Question 5

dytham

Answer 5

a duty through an official position: on-duty police officer stood and watched 3 men kick another man to death. conviction for misconduct in public office.

Question 6

evans

Answer 6

a duty which arrises where the defendant has created a dangerous situation:
D gave V heroin , who then overdosed and died . D has held responsible for her death based on the dangerous situation of supplying heroin .

Question 7

DPP v Winzar

Answer 7

there are some instances where a defendant may be found guilty because of actions against his will . D arrived drunk at a hospital / told to leave - he refused . Police drive him to police station and charged with “being found drunk in a public highway”

Question 8

pagget

Answer 8

defendant used his pregnant wife as a “human shield” when firing his gun at the police. police shot him back and killed the girl. defendant convicted of manslaughter . he was the factual cause of the death . the girl would not have died ‘but for ‘ him using her as a shield

Question 9

white

Answer 9

defendant put poison in his mothers milk . she took some sips , went to sleep, never woke up . she died of a heart attack . son wasn’t factual cause of death as the ‘but for’ test was not passed

Question 10

smith

Answer 10

soldier was stabbed in a fight , then dropped twice on the way to hospital . at hospital died due to poor medical treatment . stabber was the legal cause of death as the stabbing was more than minimal cause of death (main cause). guilty of murder

Question 11

roberts

Answer 11

a girl jumped out a a moving car to escape sexual advances from a man . the man was liable for her injures as her response was reasonably foreseeable

Question 12

corbett

Answer 12

defendant was drinking with the victim (man w low intelligence). both intoxicated. victim urinated on defendants foot . defendant chased him down the road and punched him . victim ran , tripped and landed in a gutter of the road. he sat us , his head sticking out to the road/hit by passing car. victims response was reasonably foreseeable, so the chain of causation was not broken .

Question 13

wallace

Answer 13

D threw acid over V , who suffered injures so bad , he committed suicide 15 months later. Established that victims of self negligence or suicide does not break the chain of causation (chain between defendants conduct and the consequence)

Question 14

pagett (2)

Answer 14

the act of third a party/contribution of others will not break the chain ,if it was reasonably foreseeable. in pagett, where the police were firing back and killing the girl was reasonably foreseeable

Question 15

cheshire

Answer 15

defendant shot the victim in stomach and thigh. in hospital victim was given a tracheostomy, 2 months later he died from complications from this. defendant still liable. so medical negligence generally will not break the chain of causation unless it’s “in itself so powerful (potent)in causing death”

Question 16

nelson

Answer 16

common assault was clarified as where “a defendant did something of a physical kind which caused someone else to apprehend they were about to be attacked”

Question 17

lamb

Answer 17

the defendant killed the victim by firing a gun at him . however they both thought the gun wasn’t loaded. victim wasn’t in fear , no assault

Question 18

tuberville v savage

Answer 18

established that words can negate the assault . “If it were not assize (court) time , I would not take such language from you”

Question 19

constanza

Answer 19

defendant wrote 800 “stalking” letters to the victim . It was held that letters could be an assault , as victim was scared

Question 20

ireland/burstow

Answer 20

it was held that silent phone calls could be an assault

Question 21

smith v police station

Answer 21

a man started through the the victims ground flooring bedroom window- she was terrified . “Immediate” was defined flexibility as “some time not excluding the immediate future” . although the attack was not immediate, was still considered an assault

Question 22

dume

Answer 22

defendant deliberately wounded a police officer by releasing his dog and telling it to “kill that man” . dog bit his leg . it was assault for the defendant to threaten to set his animal on the victim - fear can be caused indirectly

Question 23

venna

Answer 23

defendant was causing late night disturbance and restrained by the police . unable to see who was in front of him , he kicked out , hitting police officer in hand - breaking it . it was recklessness to commit assault

Question 24

collins v willcock

Answer 24

policeman committed battery when he took hold of a woman’s arm preventing her to leave , when questioning her . battery must be more than “everyday contact”

Question 25

rolfe

Answer 25

a man exposed himself and moved towards the victim . convicted of assault, not battery. there was no direct or indirect touching of the victim

Question 26

thomas

Answer 26

man committed of battery when rubbing the bottom of a woman’s skirt without her permission

Question 27

DPP V K

Answer 27

15 year old school boy hid stolen sulphuric acid in hand drier , another pupil was later sprayed with the acid when using the direr . he committed battery

Question 28

savage

Answer 28

a woman wanted to throw beer over another woman in a pub , but the glass slipped and caused injuries . held that there was an intention to cause a battery

Question 29

DPP V Santa-Bermudez

Answer 29

policewoman asked defendant if he had any sharp objects in him , he replied “no”. She was injured by a needle in his pocket. failure to tell her - battery

Question 30

miller

Answer 30

actual bodily harm was defined in miller as “any hurt or injury calculated to interfere with the health or comfort of the victim”
he has sex with his wife without her consent and as a result she suffered psychiatric harm

Question 31

chan fook

Answer 31

v was lodging the house of mrs fox, who was engaged to d. mrs fox’s engagement ring went missing, accused v of stealing it . d interrogated v and struck him serval timed , then locked him in a room and threatened him with more violence if ring was not found. v tried to escape from the window , but fell , suffered a fractured wrist and dislocated hip . injuries enough for ABH, fear and panic weren’t

Question 32

smith(2)

Answer 32

a man cut off his girlfriend’s ponytail after an argument and was convicted of ABH under section 47

Question 33

T v DPP

Answer 33

victim was kicked in the head by defendant and remembered nothing until worker up by a policeman . momentary loss of conscious was enough to case ABH

Question 34

burstow

Answer 34

man harassed woman for 8 months after their relationship ended (including silent phone calls , abusive phone calls , hate mail ext), she suffered severe depression. established psychiatric harm can be classed as ABH & GBH

Question 35

roberts

Answer 35

a man made sexual advances to a girl in a moving car, the girl jumped out and suffered minor injuries. he didn’t intend to hurt her but has the men’s rea for battery(ABH) as he interned the application of unlawful force

Question 36

smith(abh)

Answer 36

woman there beer over another woman in a pub but the glass slipped from her hand , and the victim’s hand was cut . she didn’t intend to hurt her , but she had the means rea for battery as she intended the application of unlawful force

Question 37

eisenhower

Answer 37

a wound was defined by him as breaking both outer and inner layers of the skin

Question 38

smith/saunders

Answer 38

grievous bodily harm was defined in smith as “really serious harm” and in saunders as “serious harm “

Question 39

dica

Answer 39

defendant had unprotected sex with 2 women when he knew he was HIV positive. both women became infected , held that hiv virus can be grievous bodily harm

Question 40

bollom

Answer 40

d inflicted bruises on 17 month child when being rough with him. it was decided that injuries don’t need to be permanent or life changing . the age of the child was relevant when deciding if the injuries are “really serious “

Question 41

belfon

Answer 41

defendant attacked those who came to help a girl he hadpushed to the ground . he was recklessly waving a razor around and slashed one man , causing severe wounds to his head and chest. he didn’t have the mens rea for s18 (gbh+intent) as he didn’t have direct intent to cause serious harm

Question 42

taylor

Answer 42

defendant charged under s18 (gbh+intent) for inflicting minor stretches with a fork , and a stab wound in the back with a knife .

Question 43

attorney-general’s reference

Answer 43

defendant stabbed pregnant girlfriend in the face , abdomen and back when she was pregnant . 17 days after she went into premature labour , gave birth to love baby . baby died 121 days after . defendant charged with wounding and GBH on the mother . he wasn’t convicted of murder of manslaughter for the baby , as at the time of the attack the foetus was not classed as a human being (did not have existence independent of the mother)

Question 44

malcherek

Answer 44

defendant stabbed his wife , in hospital she was placed on a life support machine. doctors considered that the brain stem has died, so switched off life support . the defendant caused the death, so guilty

Question 45

inglis

Answer 45

d injected her son with heroine to end his suffering. held that even if d thinks they are acting in v’s best interest,if they intended to kill, they will be convicted of murder .

Question 46

DPPv Smith

Answer 46

d drove in an quick unpredictable manner with a policeman on the bonnet of the car, in an effort to throw him off . policeman fell off and killed by oncoming traffic . held that the jury should use an objective test to decide if d intended GBH

Question 47

vickers

Answer 47

he was burgling a house , and to avoid being recognised he struck the house owner severest times . she died from her injuries . he was convicted of murder even if he intend to kill her