Law Cases- Actus Reus

Larsonneur (1933)

D ordered to leave United Kingdom, went to Ireland, deported back to UK. Didn't do so voluntary. Landed in UK, arrested, charged with being an 'illegal alien'. Convited as an 'alien' who refused to leave land.

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Gibbons And Proctor (1918)

Father of 7 year old girl, kept away from other family, deliberately starved her to death:- Convicted of murder. (Duty of Care-Relationship)

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Stone and Dobinson (1977)

Elderly sister, fanny, went to live with D's, Stayed in room and failed to eat. Became bedridden and incapable of caring for herself, died from malnutrition. Both D's found guilty of manslaughter. (Duty of care)

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Evans (2009)

Sister bought Heroin for her and she injected herself. Overdosed, neither tried to seek medical attention. Put her to bed to recover, she died. -Both convicted of Gross Negligence Manslaughter. (Duty of Care)

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Dytham (1979)

D (police officer on duty) V thrown out nightclub, led to fight, three men kicked v to death. D didn't intervene, told bystander he was off duty and left. -Convicted of misconduct in public office.

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Miller (1983)

Squator, set mattress on fire with cigarette after falling asleep. Woke up and moved to another room, house caught fire. -Convicted of Arson - Liable through omission.

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Santa-Bermudez (2003)

Policewomen asked D if he had anythig sharp in pockets, he answered no. She checked his pockets and got injured by a needle, causing her to bleed. -Convited of assault: ABH, s47 of Offences Against The Person Act 1861 (Omission to mention needle)

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Lowe (1973)

9 week old baby became ill and died. D: Low intelligence told mother to take baby to doctors, did nothing. Mother: subnormal intelligence. D convicted of Manslaughter. CoA quashed conviction, failure to do something, not an act.

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Airedale NHS Trust v Bland (1993)

Bland crushed at Hillsborough football stadium 1989. Stopped oxygen to his brain, left with severe brain damage; Vegetative state. Doctors asked court for ruling to stop feeding him. Allowed it even though death was the result. In best interest.

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Khan and Khan (1998)

Supplied heroin, who collapsed in front of them. Left and when they returned she had died. -Conviction for unlawful act manslaughter quashed , CoA - duty to summon medical assistance, can be liable for not doing so.

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Pagett (1983)

D used pregnant girlfriend as human shield in police shoot out. -Convicted of Manslaughter (Factual cause- 'but for')

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Kimsey (1996)

High speed car chase, lost control of car, other driver killed. Driving doesn't have to be substantial cause of death, something more than a slight link. -CoA upheld conviction for causing death by dangerous driving. (Legal cause)

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Blaue (1975)

Young woman stabbed by D, needed blood transfusion, refused it down to being a Jehovah's witness. She died:- D convicted for murder. (Thin skull rule)

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Smith (1959)

Two soldiers fighting, one got stabbed, on way to medical centre he was dropped on the way. Then given artifical respiration by pressing on chest, which made it worse and he died. -D still guilty of murder (Medical treatment)

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Cheshire (1991)

Shot V in thigh and stomach, developed problems and given tracheotomy. 2 months later died from complications from it and doctors failed to diagnose it. Wounds were no longer life threatening. -D still liable, act must only contribute significantly.

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Jordan (1956)

V stabbed in stomach, treated and wounds healed. Given antibiotic he was allergic to, next day given larger dose of same antibiotic and died. Doctor- intervening act which caused death.

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Malcherek (1981)

Stabbed wife in stomach, she was put on life support machine- brain dead. MAchine switched off and D charged with murder, CoA upheld conviction. (Life support Machines)

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Roberts (1971)

Girl jumped from car to avoid sexual advances. Car travelling at 20-40mph, girl injured from jumping. D liable for injuries . (D's act caused V to act in foreseeable way)

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Marjoram (2000)

Several people and D shouted abuse and kicked V's door, forced door open and v jumped from window and suffered serious injuries. - D convicted for inflicting GBH upheld by CoA. (Reasonably foreseeable V would be scared and try to escape)

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Williams and Davis (1992)

Hitch hiker jumped from moving car and died from injuries, after D allegedly tried to steal his wallet. (v's conduct was a daft response to situation, voluntary act; Novus actus interveniens, broke chain of causation)

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Holland (1841)

D cut V's finger and it became infected, refused to gave it amputated and died. D was liable for death.

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Dear (1996)

D slashed V several times with Stanely knife and severed an artery. V didn't have wounds looked at and opened them up further causing them to bleed more, died of blood loss. -D's convition for murder upheld at CoA (refusing treatment)

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Law Cases- Actus Reus

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