Introduction to Criminal Liability Cases

Hill V Baxter

D was behind the wheel when his car collided with another; at his trial on a charge of dangerous driving, he claimed he had been overcome by an unknown illness and had been unconscious.

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Larsonneur

D ordered to leave UK, so went to Ireland but the Irish police deported her back, not voluntarily on her part. State of affairs

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Pittwood

Railway crossing keeper omitted to shut the gates, girl was killed. Manslaughter as he had a contractual duty

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Gibbins and Proctor

Childs father and girlfriend failed to feed him, starved to death. Murder had a duty because of a relationship

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Stone and Dobinson

Elderly sister came to live with the defendant. Ill and died. Manslaughter as they had a duty which had been taken on voluntarily

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Dytham

Police man witnessed a violent attack and didnt do anything to stop it. Guilty of wilfully neglecting to preform his duty.

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Miller

Squatter accidentally started a fire. Left the room and slept in another - no attempt to stop the fire. Guilty of arson. A duty which arises because the defendant has set in motion a chain of events.

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Airedale NHS Trust V Bland

NHS given permission to stop feeding a man in a vegetative state for over three years. Not guilty of murder

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Pagett

D used his pregnant girlfriend as a shield while he shot at armed policemen. Girlfriend was killed. Manslaughter - not have died 'but for' him using her as a shield.

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White

D put cyanide in his mothers drink intending to kill her. Died of a heart attack before she could drink it. D did not cause her death. Guilty of attempted murder.

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Blaue

Young woman was stabbed by the D. Needed a blood transfusion but refused because she was a JW. Died and the D convicted of her murder. Thin Skull Rule - take your victim as you find them.

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Smith

Two soldiers had a fight and one was stabbed. Carried to a medical centre - dropped on the way, at the centre gave him artificial respiration by pressing his chest - made injury worse and he died. attacker still guilty of murder. Chain of Causation.

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Cheshire

D shot the victim in thigh and the stomach. Had trouble breathing - given a tracheotomy. Died from complications. D still liable. Chain of Causation

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Jordan

V stabbed in stomach. Treated in hospital making a good recovery. Given antibiotics - suffered an allergic reaction to it. Given it again in a larger dose - died from the reaction. Action of the doctor were held to be an intervening act.

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Roberts

Girl jumped from a car in order to escape from sexual advances. Car travelling at 20-40 mph. Injured and D (car driver) was held liable. As he caused her to act in a foreseeable way.

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Williams

Hitch-hiker jumped from Williams car and died from head injuries. His actions were not foreseeable.

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Mohan

Court defined intention as 'a decision to bring about, in so far as it lies within the accused's power, no matter whether the accused desired that consequence of his act or not'. Making it clear that D's motive or reason for doing an act not relevant

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Woollin

D threw his three month old baby towards his pram which was against a wall some 3 feet away. Baby suffered head injuries and died. Ruled that the consequence must be a virtual certainty and D must realise this.

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Cunningham

Explanation of Recklessness. D tore a gas metre from the wall of a house in order to steal the money in it. Gas seeped next door and the neighbour was affected by it. Charged with a s23. Recklessness

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Latimer

D aimed a blow with a belt at a man in a pub after the man had attacked him. Belt bounced off the man's face and hit a woman. D guilty of an assault against the woman - transferred malice

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Pembliton

D threw a stone intending to hit someone. The stone missed him and hit and broke a window. The intention to hit people could not be transferred to the window criminal damage - transferred malice

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Fagan V Metropolitan Police Commissioner

Fagan told by the police to park by a kerb. In doing so he ran over one of the policeman's foot without realising. When it was pointed out and asked him to remove it, he didn't for a long time. Held he knew the car was on his foot had means rea

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R V Church

Man hit a prostitute thinking he had killed her. (mens rea) then threw her into a river and she then died (actus reus)

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Thabo Meli V R

Man was mugged by a group of men who thought they killed him. (mens rea) then threw him over a cliff - he later died (actus reus)

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Larsonneur

D ordered to leave the UK - she went to Ireland. Irish police deported her and took her back to the UK. She did not want to return to the UK - had not mens rea (strict liability)

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Sweet V Parsley

D rented a farmhouse ant let it out to students. Police found cannabis at the house and D was charged with 'being concerned in the management of premise used for the purpose of smoking cannabis' D had no idea about the cannabis - held not guilty

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Shar Shar

Newsagent sold someone under 16 a lottery ticket. They were guilty even though they had done their best to prevent it. Strict Liability

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Introduction to Criminal Liability Cases

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