AS LAW UNIT 2 CASES
- Created by: Adeel
- Created on: 25-01-12 16:51
Criminal Liability
Actus Reus
Omission
An involuntary act does not form the actus reus of a crime.
Hill v Baxter 1958
Crashed car charged reckless driving, but he was unconscious whilst driving.
Contractual duty created an omission.
Pittwood 1902
Left train crossing gate open, man was killed.
Person’s public position created liability for omission.
Dytham 1979
Man kicked to death, policeman watched (off duty).
Failure to minimise harm of a dangerous situation he created.
Miller 1983
Squatting in a house, started a fire and moved into another room.
Taking on responsibility for another person creates an omission.
Stone v Dobinson 1977
Anorexic sister needed medical help but they didn’t seek assistance – she died.
Acts of Parliament can create an omission.
Children and Young Persons Act 1933
Failure to look after a child creates an omission.
Causation
No factual causation – defendants act did not cause the consequence.
White 1910
Son tried to poison mother but she died of a heart attack.
Unusual result of the ‘but for’ test but logical.
Pagett 1983
Used girlfriend as a shield, she died from police guns.
Legal causation – medical treatment was ‘palpably wrong’.
Jordan1956
Man was stabbed, wound healed then was given wrong injection – died.
The original act was the operating and substantial cause of the consequence.
Smith 1959
Fighting soilders – stabbed and died hour later, poor medical treatment – died of blood loss.
Legal causation, actual cause of death wasn’t independent from the original act.
Cheshire 1991
Victim shot, died to complications from tracheotomy that hadn’t been spotted, could be a link.
Switching off the life machine did not break the chain of causation.
Malcherek 1981
Victim attacked, on life machine, doctors turned it off.
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