Law Cases

Hill Vs. Baxter (1953)
Driver charged with dangerous driving claimed he as not liable as he had become ill suddenly. Precedent: a driver can not be prosecuted for something they did not intend to do for example if they are being attacked or are ill, as there is no mens rea
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Winzar Vs. Chief Constable of Kent (1983)
The D was asked to leave a hospital as he was drunk not ill, police found him still inside and took him to road so he could be arrested for being drunk on highway. There is no mens rea or actus reus but he was found in a illegal situation.
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R Vs. Pittwood (1902)
D failed to shut railway gate before going to lunch and horse and cart driver died. D convicted of manslaughter as he committed an omission which formed basis for murder as eh had a duty arising form contractual obligation.
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R Vs. Evans (2009)
Half-sister bought recovering 16 y/o heroin addict drugs, she overdosed, mother put her in bed and neither requested medical help. She died. Both convicted of manslaughter as D had created dangerous situation for V and mother was related to the V
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R Vs. Stone and Dobinson (1977)
Both looked after Stone's sister as lodger, she had eating disorder and died of malnutrition, both D's convicted of manslaughter as Stone was family and the other D had looked after her occasionally and so had assumed responsibility.
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R Vs. Miller (1983)
D lived in squat, fell asleep smoking. He woke up with mattress on fire, ignored it and left, the fire spread to rest of the house. D convicted for arson, he had created a dangerous situation and took no steps to fix it.
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R Vs. Dytham (1979)
D was a policeman near end of his shift. D saw man get kicked out of club and then get beat up by 3 men leading to his death. The D did nothing to intervene and then went off duty. D convicted of misconduct in public office, through omission.
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R v Khan & Khan (1998)
D's were drug dealers who supplied heroin to 15 y/o girl in their house, they left, girl was dead when they returned. Conviction for manslaughter quashed as drug dealers did not owe duty of care to customers.
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R vs Pagett (1983)
The D held his ex girlfriend hostage, the police asked him to surrender, he came out with her as a shield firing at the police, they fired back killing her. D was convicted of manslaughter as though he had not shot the girl he was the cause of death.
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R Vs. Blaue (1975)
D stabbed V 4 times, at hospital V refused life saving blood transfusion due to religion. D convicted of manslaughter as chain of causation not broken as per thin skull rule.
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R Vs. Hughes (2009)
D was driving faultlessly, but did not have a drivers licence or insurance, a driver on heroin hit the camper van and died. The D was convicted by the decision was quashed as his driving did not lead to the death.
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R Vs. Kimsey (1966)
The D and her friend were dangerously driving when the V collided with another car and died. The judge said that in order to convict the D there had to be more than a slight or trifling link between the actions and consequences.
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R Vs. Smith (1959)
D was a solider involved in a fight were he was stabbed. He was dropped twice and then given bad medical treatment and subsequently died. The D appealed but as the stab wound was the operating cause of death the chain of causation is not broken.
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R Vs. Cheshire (1991)
V was shot and required a tracheotomy to survive. Weeks later after the wounds had healed he died from breathing complications. The D was convicted for murder as the medical treatment was not bad or independent enough compared to the gunshot.
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R Vs. Jordan (1956)
V was recovering from a stab wound in hospital when he was given incorrect antibiotics and IV fluid and died. The D was not charged with his murder as the bad medical treatment was separate from the crime and so the chain of causation is broken.
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R Vs. Roberts (1971)
D tried to sexually assault V while driving, to escape she jumped out to escape. While doing so she sustained some injuries. It was argued that her actions were foreseeable and therefore he was liable for the injuries.
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R Vs. Williams & Davis (1992)
D, a hitchhiker, jumped out of a car and died. It was later said that the people also in the car had been trying to rob him. The defence argued that the D's were not liable for the death as his actions were not foreseeable. They were not convicted.
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R Vs. Inglis (2011)
D was convicted of killing her son by injecting him with heroin while in a vegetative state. She argued that she was simply performing a mercy killing and fulfilling her duty as a mother. The conviction was upheld.
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R Vs. Cunningham (1957)
D ripped a gas meter of the wall to get the money, the gas leakd into the next house poisoning but not killing a woman who was asleep. He was charged for this and convicted. It was established during the trial the test for recklessness.
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R Vs. Woollin (1999)
D tried to throw his baby into its pram he missed and it died from its injuries. He was convicted of murder, he appealed, saying that he had no intended to kill it, the charge was lessened to manslaughter as the level of intent was still recklessness
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R Vs. Matthews and Alleyne (2003)
The D's threw a man they just robbed of a bridge knowing he could not swim, they did not intend him to die but he did. As the outcome was a virtual certainty it can be that their intent was to kill.
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R Vs. Latimer (1886)
The D tried to hit a man with his belt during a fight in a pub, he missed and hit a women in the face. This is a case of transferred malice.
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R Vs. Mitchell (1983)
The D tried to skip the queue at the post office, an old man challenged his actions. The D hit him in the face and he fell over into an elderly women who fell and died form her injuries. D was liable for this due to transferred malice.
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R v Pembliton (1874)
D tried to disperse a crowd by throwing stones, he missed and hit a window. This is not transferred malice as it can not be transferred from people to property.
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R Vs. Church (1965)
D hit the V rendering her unconscious, he tried for half an hour to revive her but believed her to be dead. He tried to get rid of the body by throwing her into a river. It was later found she died form drowning. He was convicted for manslaughter.
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R Vs. Thabo-Meli (1954)
The D's planned to kill the V they hit him over the head and then threw his believed to be dead body over a cliff. It was later found he died from exposure. Although the AR and MR did not occur simultaneously they formed one continuing act.
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Fagan Vs. MPC (1969)
After being asked to move his car the D accidentally drove his car on to a policeman's foot, after being told this he refused to move. He was arrested for assaulting an on duty police officer. Although he had no intention originally, it formed later.
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Other cards in this set

Card 2

Front

The D was asked to leave a hospital as he was drunk not ill, police found him still inside and took him to road so he could be arrested for being drunk on highway. There is no mens rea or actus reus but he was found in a illegal situation.

Back

Winzar Vs. Chief Constable of Kent (1983)

Card 3

Front

D failed to shut railway gate before going to lunch and horse and cart driver died. D convicted of manslaughter as he committed an omission which formed basis for murder as eh had a duty arising form contractual obligation.

Back

Preview of the back of card 3

Card 4

Front

Half-sister bought recovering 16 y/o heroin addict drugs, she overdosed, mother put her in bed and neither requested medical help. She died. Both convicted of manslaughter as D had created dangerous situation for V and mother was related to the V

Back

Preview of the back of card 4

Card 5

Front

Both looked after Stone's sister as lodger, she had eating disorder and died of malnutrition, both D's convicted of manslaughter as Stone was family and the other D had looked after her occasionally and so had assumed responsibility.

Back

Preview of the back of card 5
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