actus reus, mens rea, causation, strict liability, contemperainity, transferred malice, assualt, battery etc...

These are all the cases you need to know to pass the exam!

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  • Created on: 19-03-11 22:49

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Case Name What It Relates To Information
Hill v Baxter (1958) actus reus The court gave examples where a
- act or omission must be voluntary, driver of a vehicle could not be sa
if the D has no control then there's to be doing the act of driving
no actus reus voluntary. E.g. when a driver lost
control of his vehicle because he
was stung by a swarm of bees, wa
struck on the head by a stone or h
a heart attack.
Larsonneur (1933) actus reus The defendant had been ordered
- rare state of affairs where D has leave the UK. She decided to go t
been convicted Eire, but the Irish police deported
her and took her back to the UK.
She did not wish to go back and w
certainly not doing this voluntarily
When she landed the UK she was
immediately arrested and charged
that being an alien to who leave t
land in the UK had been refused, s
had been found in the UK.
QShe was convicted because she
was an alien who had been refuse
leave to land and she had been
found in the UK. It did not matter
that she had been brought back b
the Irish police against her will.
Pittwood (1902) failure to act to be the actus reus. A railway crossing keeper omitted
An omission is only sufficient where to shut the gates so that a person
there is a duty to act: crossing the line was struck and
A contractual duty killed by a train. The keeper was
guilty of manslaughter.
Gibbins v Proctor (1918) A duty because of a relationship A child's father failed to feed the
(usually parent and child) child, so that it died of starvation;
they were guilty of murder.
Stone and Dobinson (1977) A duty taken voluntary Stone's elderly sister came to live
with the D's. She became ill and
unable to care for herself. She die
The two D's were convicted of
manslaughter through failing to ca
for her or summon help when she
became helpless.
Dytham (1979) a duty through one's official position A police officer witnessed a violen
attack on the victim, but took no
steps to intervene or summon hel
instead he drove away from the
scene. The officer was guilty of

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Miller (1983) A duty which arises because the D A squatter accidently started a fire
has set in motion a chain of events When he realised he left the room
and went to sleep in another room
He did not attempt to put out the
fire or summon help. He was guilt
of arson.
Pagett (1983) Causation D used his pregnant girlfriend As a
- factual cause shield while he shot at armed
- `but for' rule policemen.…read more

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Malcherek (1981) Chain of causation Switching off a life support machin
- medical intervention (unlikely to when a patient is brain dead does
break the chain) break the chain.
Jordan (1956) Chain of causation Victim stabbed in stomach. He wa
- medical intervention (unlikely to treated in hospital and the wound
break the chain) were healing. He was given an
- CHAIN IS BROKEN antibiotic but suffered an allergic
reaction.…read more

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Latimer (1886) Mens rea D aimed a blow with a belt at a m
- transferred malice in a pub after the man had attacke
- D can be guilty if he intended to him. The belt bounced off the ma
commit a similar crime but against a and struck a woman in a face.
diff V. Latimer was guilty of an assault
against her even though he didn't
mean too.…read more

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Ireland (1998) Assault D made several silent phone calls
- words are sufficient for an assault 3 diff women. The V may fear the
purpose of the call is to find out if
she's at home to imedietly come t
her home.…read more

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Cutting off a person's hair
amounted to ABH.
DPP v K (1990) Battery D put acid in a hand dryer so that
- actus reus next person to use it would be
- indirect force sprayed by the acid.
- booby trap
Haystead (2000) Battery D caused a child to fall to the floo
- actus reus by punching the person holding th
- indirect force child.
Savage (1991) ABH Woman in pub threw beer over
- mens rea of an assault another woman.…read more

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Dica (2004) GBH D was charged with 6 offences of
- disease can be GBH causing GBH under s.20 of the
Offences Against the Person Act
1861. He had sex with 2 women
when he knew he was HIV pos. bo
women contracted HIV. It was
accepted that this was GBH.…read more


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