Cases for LAW 03

MURDER

Actus Reus

• Rance V Mid Downs 1991 - A child is born alive if 'after birth it exists as a live child - breathing and living by reason of its breathing in its lungs alone'
• AG Reference 3 1994 - Life begins at birth

Causation

• R V White 1910 - established the but for test of factual causation. Poisoned milk.
• R V Corbett 1996 - Head **** - lay in gutter - hit by a car - Chain was not broken as the actions of V were foreseeable given his intoxicated state.
• R V Pagett 1983 - established legal causation - his using the girl as a shield caused her death
• R V Jordan 1956 - Allergic to antibiotics after being stabbed - V died of medical treatment
• R V Smith 1959 - Soldier stabbed. Failed to diagnose punctured lung. Stab wound was still operating cause of death
• R V Cheshire 1991 - D shot a man - V had a tracheotomy - died from complications - the original wound could not be regarded as insignificant
• R V Malcherek 1981 - Switching off life support doesnt break the chain
• R V Roberts 1971 - VOA only breaks the chain if it is daft
• R V Lewis 2010 - Was foreseeable that by chasing V into traffic would cause injuries
• R V Blaue 1983 - D must take V as he finds them

Mens Rea

• R V Cunningham 1957 - Ripped gas meter off causing gas to escape - malicious means intent to do the kind of harm that was done or recklessness as to whether that kind of harm would occur
• R V Woolin 1999 - A threw baby onto a hard surface, died. Jury are not entitled to infer necessary intention unless they are sure that death was virtually certain and D knew this
• R V Matthews and Alleyne 2003 - jury CAN find intent from virtual certainty, doesnt have to
• R V Mitchell…