A soldier used excessive force, killing a joyrider who failed to stop at a checkpoint. D's lack of wicked and evil motive did not preclude his actions from being unlawful.
1 of 15
R v Malcherek and Steel 1981
Doctors swtiched off life-support machines as neither victims were showing any activity in their brain. Confirms brain stem as the current medical test for death.
2 of 15
R v Inglis 2011
D killed her son who was in a persistent vegetative state following an accident. A disabled life, even a life lived at the extremes of disability, is not one jot less precious than the life of an able-bodied person.
3 of 15
A-G Ref No.3 of 1994
A pregnant woman was stabbed in the abdomen. The baby was born alive, but died 112 days later due to its premature and traumatic birth. Murder can be committed where the child is subsequently born alive, enjoys an existence independent of the mother.
4 of 15
DPP v Smith 1961
Grievous means no more and no less than really serious.
5 of 15
R v Saunders 1985
The word serious could safely be omitted.
6 of 15
R v Janjua and Choudhury 1998
The trial judge should decide whether or not to include really.
7 of 15
R v Clinton 2012
D killed ex-wife following taunts, revelations of affairs and mental illness. Sexual infidelity can add to a defence where there exist other qualifying triggers.
8 of 15
R v Dawes 2013
D attacked V with a bottle after finding him asleep with his estranged wife. V took the bottle and attacked D, who grabbed a knife and stabbed V. Qualifying triggers.
9 of 15
R v Golds 2014
D, who had a history of mental disorder, killed his partner by inflicting 22 stab wounds on her.
10 of 15
R v Dietschmann 2003
D killed a friend who had broken his watch, which was a gift from a dead relative. D was medicated for suicidal thoughts. If D's mental abnormality substantially impaired his mental responsibility despite drinking alcohol, he is not guilty of murder.
11 of 15
R v Lowe 1973
The appellant's child died from neglect. There must be an unlawful act. It cannot be committed by an omission.
12 of 15
R v Church 1965
D knocked the victim unconscious and thought he died. Threw the body in river. Cause of death was drowned.
13 of 15
R v Ball 1989
D grabbed his gun and shot what he thought were blank cartridges at V. The cartridges were live and she died. The appellant's intention was irrelevant.
14 of 15
R v Adomako 1994
An oxygen pipe became disconnected during an operation. The anaesthetist appellant failed to notice this.
15 of 15
Other cards in this set
Card 2
Front
R v Malcherek and Steel 1981
Back
Doctors swtiched off life-support machines as neither victims were showing any activity in their brain. Confirms brain stem as the current medical test for death.
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