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Flashcards

Criminal Law Cases

Tal Friedler Criminal Law First Year LLB Inglês 13 flashcards

Criminal Law Cases

Flashcards do conjunto (13)

  1. 1R v Miller [1983] 2 AC 161 (HL)Facts: D had been drinking. He fell asleep on a mattress holding a lit cigarette. The cigarette ignited the mattress. D woke, and simply moved to another room.
    Point of Law: D created a dangerous situation and failed to omit it.    R v Miller [1983] 2 AC 161 (HL)
  2. 2R v Pittwood (1902) 19 TLR 37Facts: D was employed by the railway to man the level crossing but went to lunch, leaving the crossing open. The train collided with a man and horse, killing them.
    PoL: Contractually obliged duty    R v Pittwood (1902) 19 TLR 37
  3. 3R v Stone; R v Dobinson [1977] QB 354 (CA)Facts: Stone and Dobinson agreed to look after Stone's anorexic sister, in their home. The sister was found dead in bed in appalling conditions.
    PoL: They were liable bc they assumed a duty of care over her by taking her in.
  4. 4R v Dyson [1908] 2 KB 454 (CA)Facts: A child's certain and imminent death was accelerated bc of injuries inflicted by D
    PoL: You just have to be a substantive cause of death (which includes accelerating death)    R v Dyson [1908] 2 KB 454 (CA)
  5. 5R v Kennedy [2007] UKHL 38Facts: D prepared the heroin, and gave it to V who injected it.
    PoL: V injected it of his own free will, which breaks the chain of causation.    R v Kennedy [2007] UKHL 38
  6. 6R v Cheshire [1991] 3 All ER 670 (CA)D shot V, and he got a tracheotomy in hospital. After V's bullet wounds were healing he still had breathing difficulties.
    PoL: the breathing difficulties were not caused by D's actions, so he is not guilty for them.
  7. 7R v Jordan (1956) 40 Cr App R 152 (CA)D stabbed V. V went to hospital and died after being given an antibiotic he was allergic to.
    PoL: stabbing not the cause of death, so D is not guilty.
  8. 8R v Roberts (1971) 56 Cr App R 95 (CA)D gave V a lift from a party and he took her in the wrong direction. he began to attempt to sexually assault her. She jumped out of the car.
    PoL: the reasonable person would do this - therefore, D essentially caused her injuries.    R v Roberts (1971) 56 Cr App R 95 (CA)
  9. 9R v Pagett (1983) 76 Cr App R 279 (CA)facts: D used his pregnant ex girlfriend as a human shield when firing at the police and was convicted of her manslaughter when the police shot her
    PoL: it was reasonably foreseeable that she would die bc of his actions
  10. 10R v Blaue [1975] 3 All ER 446 (CA)D stabbed V 4 times after she refused sex with him. She refused a blood transfusion that could have saved her bc she was a JW - and died.
    PoL: Her refusal didn't break the chain of causation - he was still the operative cause.    R v Blaue [1975] 3 All ER 446 (CA)
  11. 11Fagan v Metropolitan Police Commissioner [1969] 1 QB 439facts: D accidentally rolled his car onto a police officers foot. When instructed to move, he didn't.
    PoL: Continuing act (you can form the mens rea in the middle of the act)
  12. 12R v Woollin [1999] AC 82 (HL)Facts: threw his baby against a wall to stop him from crying.
    PoL: the child's death was the only virtual outcome - and D appreciated this. Therefore he essentially intended it (oblique intention)
  13. 13R v Cunningham [1957] 2 QB 396 (CA)D ripped the gas meter off the wall to steal the money. The gas leaked and poisoned his partners mother.
    PoL: Intention can be recklessness. I think. Donno.

Informações

Descrição
Cases involving omission/duty to act, causation and intention/recklessness, in criminal law.
Criado por
Tal Friedler
Visualizações
55
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