Cases

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  • Created by: HPickard
  • Created on: 28-09-14 15:12

R v Le Brun

  • The D was having an argument with his wife outisde their house
  • He hit her and she fell to the ground
  • He grabbed her by the hair and pulled her inside
  • She banged her head on the curb and died later on

FACTUAL/LEGAL CAUSATION

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R v Blaue

  • D stabbed the V who was taken to hospital
  • She needed a blood transfusion
  • She refused on the grounds she was a Jehovah's Witness and died
  • D was responsible because if he hadn't have stabbed her she wouldn't have died

FACTUAL CAUSATION

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R v Roberts

  • The V was hitch hiking and got picked up by the D
  • The D threeatened to beat her up badly
  • The V jumped out of the moving car and suffered a broken leg
  • D was liable becaise he gave her no choice but to escape

LEGAL CAUSATION

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Fagan v Metropolitan Police

  • D was driving along a road when he got pulled over by a police officer
  • He pulled the car onto the officer's foot and refused to move the car when asked
  • A few minutes later he was asked again and moved the car

VOLUNTARY ACT

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Hill v Baxter

  • D was driving home 
  • He became ill
  • He caused damage to other cars on the way home
  • Liable because he was able to move the car and follow the route home

VOLUNTARY ACT

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R v Miller

  • D was a homeless person and broke into a house to sleep
  • He fell asleep and woke up to realise his cigarette had lit the mattress on fire
  • He went into the next room and back to sleep
  • Guilty because he should have got help to put the fire out

OMISSION: TO AVERT A DANGER OF ONE'S OWN MAKING

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RE Larsonneur

  • D entered into a marriage of convenience
  • She was deported to Ireland, where she didn't have permission to be
  • She returned to the UK and was found guilty of being an 'Alien'

STRICT LIABILITY

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R v Thabo Meli

  • D and friends decided to kill a man
  • They beat him up and, thinking he was dead, threw him off a cliff
  • He later died of exposure
  • D was guilty because his actions caused the ER

FACTUAL/LEGAL CAUSATION

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R v White

  • D tried to kill his mother by putting cyanide in her tea
  • The next day he found her dead
  • She died of a heart attack not poisoning
  • D was not guilty because she would have died anyway

FACTUAL CAUSATION

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R v Malcharek & Steel

  • Both Ds caused very serious injuries to their Vs
  • The Vs were put on life support
  • Drs decided to switch them off because they were brain stem dead
  • Ds were responsible because the original injuries were the COD

LEGAL CAUSATION

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R v Williams

  • V was hitch hiking and the D picked her up
  • The D reached over to her side of the car
  • The V thought he was going to rob her so she jumped out of the moving car
  • She died later on
  • V's action was disproportionate to the threat against her, so it broke the CoC and meant theD wasn't responsible for the ER

INTERVENING ACT

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R v Holland

  • D cut the V's finger
  • V did not seek treatment even when it got infected
  • V developed gangrene and still did not seek treatment
  • V died 
  • D was G becuase you have to take your V as they come, even if they don't behave logically

EGG SHELL SKULL RULE

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R v Dytham

  • D was an off duty policeman
  • He watched a man get beaten to death outside a nightclub
  • He did nothing
  • It as his public duty as a police officer to help

OMISSION: PUBLIC DUTY

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R v Pittwood

  • D's job was to open and close the railway gates
  • One day he went on lunch and forgot to close the gates
  • A horse and cart were killed by a train
  • D was guilty because he failed to do his job

CONTRACTUAL DUTY

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Winzar v CC of Kent

  • D was taken to hospital because he was drunk and needed his stomach pumped
  • The police were called because he was being disruptive
  • They bodily picked him up and put him down on the road outside
  • He was arrested for being drunk and disorderly on a public highway
  • G despite not being there of his own free will

STRICT LIABILITY

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S.170 RTA (1988)

  • Failure to stop
  • Law says after an accident you must stop and exchange details

OMISSION: STATUTE

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R v Stone and Robinson

  • D's sister was anorexic and eccentric
  • SHe asked the Dsif she could live with them and they agreed
  • They bagen to look after her
  • When she needed a Dr they made a poor attempt at finding one
  • They went to the pub instead
  • She died
  • Ds were G becuase they should have gotten help for her

OMISSION: ASSUMPTION OF CARE FOR ANOTHER 

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R v Cheshire

  • D shot the V who needed a tracheotomy
  • D gave soem treatment for the side effects that lead to the V's death
  • Other Drs said they would have acted similarly and so the D was still the main COD 

MEDICAL TREATMENT

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R v Pagett

  • D kidnapped his pregnant girlfriend at gunpoint and held her hostage
  • He refued to come out when instructed by the police
  • Police surrounded the house and he came out using her as a human shield
  • D opened fire of the police
  • They fired back and the V was killed
  • D was responsible because he opened fire

INTERVENING ACT

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R v Dalloway

  • D was a driver of several horses and a carriage
  • He wasn't holding the reins when a boy ran out in front of the horses
  • The boy was killed
  • D was NG because the boy would have died whether he wa holding the reins or not

FACTUAL CAUSATION

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R v Gibbons and Proctor

  • Ds had 7 children between them
  • They treated one of them badly and locked her in a room without food or water
  • She died
  • Ds were guilty becuase it was thier responsibility to look after her

OMISSION: SPECIAL RELATIONSHIP

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R v Instan

  • D went to live with her aunt
  • Aunt became ill and the D looked after her
  • She stopped and the aunt died of gangrene
  • D was guilty becuase she voluntarily looked after the V and then stopped

OMISSION: ASSUMPTION OF CARE FOR ANOTHER

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R v Jordan

  • D stabbed the V who was taken to hospital
  • The wound began to heal
  • A Dr gave the V an OD of a drug he was allergic to
  • He died
  • Treatment was so bad it broke the COC and the Dr was liable for the death

MEDICAL TREATMENT

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