Criminal Cases

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  • Created by: xChloeD99
  • Created on: 12-04-16 15:18
Hill v Baxter
Defendant crashed due to being attacked by a swarm of bees, therefore because her actions were involuntary she couldnt be found guilty. Sneezing, heart attacks and reflex actions are also involuntary.
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R v Whoolley
Defendant sneezed whilst driving, therefore not guilty as sneezing is involuntary. The defendant was not in control.
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Larsonneur
Defendant was forced to return to the UK even though she didnt want to and was arrested when landed for ''being an alien whom leave to the land was refused''. She was found guilty due to the State of Affairs she was in eventhough she wasnt in control
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Pitwood
Defendant failed to act by failing to put the barriers down at the railway which was his contractual duty under employment. He was found guilty of manslaughter.
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Road Traffic Act 1998
Parliament made failing to provide a breathalyser and failing to wear a helmet offences by failing to act under statute.
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Gibbins v Proctor
Defendants failed to care and feed their child, they were found guilty of murder as they failed to act under their duty of relationships as parents.
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Stone v Dobinson
Defendants failed to help take care of their elderly sister who they had been taking care of voluntarily. They were found guilty.
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Dytham
Defendant was found guilty of failing to act under one's position as a police officer. He failed to call for back up and help the victim.
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Santa Burmudez
Defendant failed to tell the police about the needle in his pocket when asked. He failed to take reasonable steps to diffuse a dangerous situation he created. He was found guilty of ABH.
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Wacker
Defendant was a lorry driver carrying 60 illegal immigrants. He failed to open up the vent and as a result 58 suffocated. He was found guilty of gross negligence manslaughter.
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Khan and Khan
Defendants sold heroin to a 15 year old and fell into a coma. They left and returned the next day to find her dead. If she received medical attention she would have lived. They were found guilty of manslaughter.
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Miller
A squatter accidentally started a fire, when he realised he left the room and went sleep in a different room. He was found guilty of arson as he did not attempt to put out the fire; diffuse the dangerous situation he created.
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White
''But for the defendant putting cyanide into his mothers drink in attempt to kill her, would she have died?'' The answer was yes therefore he was not the factual cause as she died of a heart attack which was not relevant to her sipping the drink.
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Smith
The defendant was found guilty eventhough the victim was dropped twice and received artificial respiration from the doctors. The actions of stabbing the soldier were an operating and substantial cause of his death.
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Jordan
The doctors acts were independent from the original act by the defendant.
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Jordan
The doctors acts were independent from the original act by the defendant, as he gave the patient drugs he knew he was allergic to. This was so ''palpably'' wrong therefore the doctors acts broke the chain of causation.
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Cheshire
The victim was stabbed and was healing due to treatment, there was complications and they had to perform a surgery to help him breath which was negligently wrong. The doctors would have to be ''potently'' wrong in order to break the chain.
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Williams
Victim jumped out of his car because the defendant was allegedly trying to steal his wallet. The victims own act made the situation worse and were unreasonable. The defendant was found not guilty.
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Roberts
Victim was sexually assaulted and as a result jumped out of a car and broke her leg. her response was held to be reasonable and foreseeable therefore he was found guilty.
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Blaue
Defendant stabbed a woman who was a Jehovah's Witness, she refused a blood transfusion due to her religion and died. The defendant was still found guilty as he must take his victim as he find them, even if he was unaware of her religion.
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Mohan
Defendant was driving and responded to a police officers signal to stop, he slowed down then accelerated towards the cop car. He was found guilty as he decided to bring about the prohibited consequence. The motive was irrelevant.
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Woolin
Defendant threw a baby towards its pram which was against a wall. 3/4 feet away. The baby hit the wall, suffered severe head injuries and died. The courts ruled that the consequence must have been a virtual certainty and he must have realised this.
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Nedrick
Defendant aimed to scare his ex girlfriend by setting fire to her door. As a result she died along with her child.
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Cunningham
Defendant tore a gas meter from a wall in attempt to steal the money. The gas meter was attached to an empty house but the gas escaped to the adjacent house. He was found not guilty as he did not realise that the gas would escape to the other house.
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Latimer
Defendant aimed a blow with a belt at a man in a pub after he attacked him. However it missed and stuck a woman in the face. He was still found guilty as the mens rea transferred from him to her.
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Mitchell
Defendant and another person were involved in a scuffle in a post office line. The defendant pushed the man who fell into an elderly woman who died. The mens rea transferred from the man to woman therefore he was found guilty.
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Pembliton
Defendant threw a stone aiming to hit people who were fighting. The stone missed and hit a window. He was found not guilty as the mens rea can only be trasnferred between similar offences.
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Other cards in this set

Card 2

Front

Defendant sneezed whilst driving, therefore not guilty as sneezing is involuntary. The defendant was not in control.

Back

R v Whoolley

Card 3

Front

Defendant was forced to return to the UK even though she didnt want to and was arrested when landed for ''being an alien whom leave to the land was refused''. She was found guilty due to the State of Affairs she was in eventhough she wasnt in control

Back

Preview of the back of card 3

Card 4

Front

Defendant failed to act by failing to put the barriers down at the railway which was his contractual duty under employment. He was found guilty of manslaughter.

Back

Preview of the back of card 4

Card 5

Front

Parliament made failing to provide a breathalyser and failing to wear a helmet offences by failing to act under statute.

Back

Preview of the back of card 5
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