Flashcards
Murder Cases
Flashcards do conjunto (14)
- 1R v WhiteD tried to poison his mother but before the poison took affect she died of a natural heart attack.
PRINCIPLE: The D was not the sinquannon cause of his mother's death.
(Factual Causation) - 2R v PagettD begun firing at the police who returned fire and he used his gf as a human shield and she died.
PRINCIPLE: It was reasonably foreseeable that the police would return fire.
(Factual Causation) - 3R v CheshireThe D's injuries begun healing but he still had breathing problems. Doctors tried rectifying this but complications arose and the D died.
PRINCIPLE: It was reasonably foreseeable that medical complications could happen. D still legal cause of death.
(Legal Causation) - 4R v JordanA junior doctor issued the V more antibiotics for the second time after he had an allergic reaction previously. The V died.
PRINCIPLE: the medical negligence was 'palpably wrong' and 'so potent in causing death that it rendered the D's acts as insignificant'.
(Legal Causation) - 5R v BengeBenge failed to give adequate warning to train drivers who were approaching the station and a collision occurred causing death to a lot of people.
(Contribution of Others) - 6R v RobertsThe V jumped out of the car to avoid sexual advances.
PRINCIPLE: the V's act was not 'daft' (unreasonable) and there was no break in the chain of causation.
(Victim's Own Contributions) - 7R v BlaueV had been stabbed and rejected life threatening treatment on religious grounds.
PRINCIPLE: characteristic. D was still liable of death. D had to 'take his victim as he found her'.
(Thin Skull Rule) - 8R v HaywardD triggered his wife's heart attack by shouting at her. Unknown to both of them she had a thyroid condition.
PRINCIPLE: physical weakness. D had to 'take his victim as he found her'.
(Thin Skull Rule) - 9R v DearThe V had been stabbed by D and as his wounds were healing he reopened them and bled to death.
PRINCIPLE: self-neglect. D had to 'take his victim as he found him'.
(Thin Skull Rule) - 10Malcherek and SteelPRINCIPLE: A doctor switching off a life support machine does not break the chain of causation.
(Thin Skull Rule) - 11R v CalheamD hired a professional hitman to kill the V.
PRINCIPLE: this illustrates direct intent.
(Direct Intention) - 12R v WoollinD threw his baby into a wall after he couldn't stop it from crying.
PRINCIPLE: it was reasonably foreseeable that death or GBH would occur by this act and the D must have realised this.
(Oblique/Indirect Intent) - 13R v LatimerThe D tried hitting the V with his belt but hit a woman across the fact instead.
PRINCIPLE: the intention is transferrer from the V to the actual V.
(Transferred Malice) - 14R v Matthew and AlleyneDs thew the V in a river in order to scare him, they did not know he couldn't swim and he drowned.
PRINCIPLE: A jury is entitled to find intention.
Informações
- Descrição
- Murder Cases for Law. Actus Reus and Mens Rea included.
- Criado por
- Amy Platt
- Visualizações
- 16
- Tags
- Avaliação