Unit 2: Questions

Question 1

Gammon v Hong Kong ltd

Answer 1

Strict liability
Outlined rules for strict liability
1. Must be in favour of MR
2. Can’t be used when criminal case

Question 2

Shah v London

Answer 2

Strict liability - Social concern

Child under 16 bought lottery ticket (gambling)

Question 3

R v White

Answer 3

Causation - But for Test

Cyanide in mothers cup, died before drinking. But for his actions she would have still died

Question 4

Alpha cell v Woodward

Answer 4

Strict liability - protecting enviroment

Tried to prevent pollution, but polluted water when making paper in factory

Question 5

R v smith

Answer 5

Causation

D kept falling off stretcher and died of injuries

Question 6

R v Jordan

Answer 6

Causation - Novus Actus

Wrong antibiotics were given and died of result

Question 7

R v Roberts

Answer 7

Causation - D’s own actions

Jumped out of car, feared driver

Question 8

R v Blaue

Answer 8

Thin skull rule

Could not have blood transfusion and died. Take victim as you find them

Question 9

Hill v Baxter

Answer 9

Omissions

If driving and attacked by bees, would not be guilty

Question 10

Define omissions

Answer 10

Failure to act when you have a duty to do so

Question 11

Dytham

Answer 11

Omission - contact duty

Policeman did not stop a fight when on duty outside a club

Question 12

R v Miller

Answer 12

Omissions - failure to act in situation

cigarette on a mattress caused fire, woke up and did not out fire out

Question 13

R v pittwood

Answer 13

Omissions- contractual duty

Did not close train gate when on break while in duty

Question 14

Gibbons v proctor

Answer 14

Omissions- family relationship

Man did not feed child as it was stepdaughter not actual daughter

Question 15

Define Mens Rea

Answer 15

Having the guilty mind, can be split into three parts:

Question 16

Mohan

Answer 16

MR - Direct intent

“The decision to bring about, lies within such powers to the actual actual consequence”

Question 17

Woolin

Answer 17

MR - Indirect intent

Threw baby in pram, missed and baby died

Question 18

R v Cunningham

Answer 18

MR - Recklessness

Tried to break gas meter, caused gas leak and damaged neighbours

Question 19

Define recklessness

Answer 19

MR
Having an unjustified risk
And D takes the risk anyway

Question 20

Define indirect intent

Answer 20

MR
Result was virtually certain to happen
D knew the risk, but took it anyway

Question 21

Define strict liability

Answer 21

Offences that do not require Mens Rea only Actus Rea

Question 22

Sweet v Parsley

Answer 22

Strict Liability

Teacher allowed student to use summer cottage, was not aware of drug abuse

Question 23

Reasons for Strict liability

Answer 23

Strict liability
 Saves time - "speeding tickets"
 Protecting Public
 Social concern 
 Protecting enviroment

Question 24

R v Latimer

Answer 24

Transferred Malice

Man tried to hit someone with belt, missed and hit someone else

Question 25

Pembleton

Answer 25

Transferred Malice | Threw stone into crowd, missed and broke window

Question 26

Define Transferred Malice

Answer 26

When the crime moved from the intended victims to the actual victim. Must be both from the same nature