Law

Created by: Hannahkayxxx
Created on: 22-04-18 19:43

R v Cato 1976

-D and V injected each other with heroin, V died. Conviction for manslaughter upheld by CA even though acts not 'directed against' anyone and V consented. The unlawful act was administering a noxious substance contrary to S.23 OAPA 1861

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R v Franklin 1883

-D picked up a large box and threw it into the sea at West Pier, Brighto, box hit swimmer and caused death. Held- a mere tort was not enough to make guilty of constructive manslaughter, unlawful act had to be a crime- Gross negligence manslaughter.

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R v Van Butchell 1829

-Surgeon was practising without a licence, patient died. Held- irrelevant to a charge of manslaughter. If D had taken reasonable care- the lack of licence was not cause of death.

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DPP v Newbury and Jones 1976

DD's push slab over bridge, killing guard on train. HL said D can be convicted even if he did not foresee that act might cause harm. He was unaware that the act was unlawful, no need to intend or consider risk of injury or death, needs to be aware.

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R v Goodfellow

-4 questions set up by Lord Lane in R v Goodfellows case. These must be answered yes to secure conviction. Was the act inentional? Was the act unlawful? Was the act dangerous? Did the act cause death?

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Other cards in this set

Card 2

Front

R v Franklin 1883

Back

Card 3

Front

R v Van Butchell 1829

Back

Card 4

Front

DPP v Newbury and Jones 1976

Back

Card 5

Front

R v Goodfellow

Back

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