Pages in this set

Page 1

Preview of page 1
Actus reus
Omissions:
Statutory duty: from acts like children and young persons act 1933-parent required to
provide food clothing lodging ect to children.

Pitwood (1902)- contractual duty- railway crossing left unattended and someone died
.. gatekeeper held responsible as went for lunch.

Dytham (1979)-duty through official position- police officer saw…

Page 2

Preview of page 2
Intervening acts:
Third party: (usually medical)

Smith (1959)- operating and substantial cause= D to still be liable- D stabbed v in fight
and at medical centre artificial respiration made it worse by 75% chance of survival
reduced but D still guilty of murder, cause was substantial+ operating.

Cheshire (1991)-D shot…

Page 3

Preview of page 3
Direct/oblique intent:

Maloney (1985)-D and stepdad were drunk seeing who could load gun quickest he was
fastest and V told him he wouldn't shoot so he did and killed him was convicted of
murder but on appeal it was quashed.
>Was death or serious injury natural consequence or D's act?…

Page 4

Preview of page 4
but Hol quashed convictions and overrulled caldwell, saying D couldn't be guilty if risk
wasn't realised by him.

Negligence:
Adomako-Gross negligence manslaughteris only place where nnegligence is really
used, a duty existed the anesthetist breached it so grossly it could be considered
criminal.

Knowledge:
Sweet v Parsley (1969)- charged with…

Page 5

Preview of page 5
Hibbert (1869)-met 14 yr old girl on street took her and had sex with her , the age
aspect was strict liability but it was required he have mens rea for her taking which he
didn't as didn't know she was inher fathers custody so wasn't charged.

Callow and Tillstone…

Page 6

Preview of page 6
RvG (2008)- 15 y old boy had consensual sex with gril he thought was 15, she was
actually 12 but sgreed she told him she was 15.G was prosecuted for `rape of a child
under 13' pleaded guilty as was advised it was strict liability. Was taken to HoL for…

Page 7

Preview of page 7
>ability to form rational judgement to whther act is right or wrong
>ability to exercise will power to control acts in accordance with judgement.
( covers irresistable impulses)

Seers (1984)-D suffered chronic reactive depression + killed wife. In trial juge directed
jury defence only available to partially insane/ people on…

Page 8

Preview of page 8
Duffy (1949)- d (abused wife) argued with husband, left room changed clothes and
when he was in bed, attacked him with hammerand hatchet, murder conviction was
upheld as there must be a `sudden temporary loss of selfcontrol'.

Ibrhams and Gregory (1981)-D's ex bf of D's gf had been terrorising the…

Page 9

Preview of page 9
Lamb (1967)- was playing with revolver and he and friend thought it wouldn't fire, he
pulled trigger and killed friend but was held he hadnt done unlawful act as friend didn't
apprehend violence.

Lowe(1973) found to willfully have neglected son, Judge said if this was found then he
was also…

Page 10

Preview of page 10
from drugs, he told passer by to call ambulance then left, V died d's convition based on
ulawful act manslaughter was quashed as he again didn't do the act, ( a duty could
however exist so GNM conviction was suggested.)

Rogers ­ held belt around V's arm to aid injection…

Comments

misha

thank you so much, this is great!

meriam

wew, great job ^.^ ty 

Similar Law resources:

See all Law resources »See all resources »