Voluntary Act: Actus Reus must be voluntary. Bees with driver.
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R v Miller
Omissions: Created a dangerous situation, and therefore had a duty of care. Started a fire with a cigarette and then left it.
2 of 27
R v Dytham
Omissions: Policeman stood by as bouncer beat man to death. Guilty as he had a duty to act, as he was a protector of the public.
3 of 27
R v Stone and Dobinson
Omissions: Said they would look after his sick sister - assumed a duty of care.
4 of 27
R v Larsonneur
State of Affairs: Was flown against her will from Ireland to England.
5 of 27
Winzer v Chief Constable of Kent
State of Affairs: Police moved man from hospital to highway and then arrested him for it, even though it wasn't a voluntary act.
6 of 27
Fagan v MPC
Continuing Act: Refused to move car off of policeman's foot and this was the contiuning act.
7 of 27
R v Thabo Meli
Continuing Act: Thought they had killed a man, so through him off a cliff where he died from exposure. Beating him, then throwing him off cliff was all one continuing act.
8 of 27
R v Mohan
Direct Intent: Man drived directly at policeman, who had to jump out of the way.
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R v Nedrick
Indirect Intent: Poured paraffin through women's letterbox and set it on fire. It killed a child instead.
10 of 27
R v Woollin
Indirect Intent: Through 3 month baby on hard surface, and it died. There was a virtual certainty of harm.
11 of 27
R v Cunningham
Recklessness: Ripped gas metre from wall which killed woman in a nearby house. Knew there could be some harm, but took risk anyway.
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R v Latimer
Transferred Malice: D got into fight, tried to hit person with his belt, it richocheted and hit a woman in the face. Could be transferred.
13 of 27
R v Mitchell
Transferred Malice: Man got into arguement with elderly man and pushed him, who fell into elderly woman who broke her leg and died. Could be transferred.
14 of 27
R v Pembliton
Transferred Malice: D through stones into a crowd, but broke a window instead of hitting anyone. Person to object can't be transferred.
15 of 27
Sweet v Parsley
Strict Liability: School teacher let her house out to students, who were smoking cannabis. Didn't know this was happening.
16 of 27
B v DPP
Strict Liabilty: Asked underage girl for oral sex, didn't realise she was that young, found not guilty as for true crime, there has to be strong mens rea.
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Gammon v A-G of Hong Kong
Strict Liabilty: Didn't follow building regulations. Thought the difference was only minor, but this was still a mens rea, so he was guilty.
18 of 27
Harrow LBC v Shah
Strict Liability: Lottery ticket was sold to under 16 after staff where told to check for I.D. Found guilty.
19 of 27
R v Blake
Strict Liability: D's radio station interfered with emergency services,
20 of 27
R v White
Factual Causation: Tried to poison his mother, but she died from a heart attack, so he was guilty of attempted murder instead.
21 of 27
R v Pagett
Legal Causation: Used his girlfriend as a human shield against the police, he caused her death by firing at them first.
22 of 27
R v Smith
Factual Causation: Soldier was stabbed, on the way to hospital he was dropped twice and the care he did get was palpably wrong. Stab wound was still operating cause of death.
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R v Jordan
Factual Causation: D stabbed the victim, who was given anti-biotics after it was shown he was allergic and given excessive intravenous liquids, which gave him pneumonia. His wounds had started to heal, so D wasn't liable.
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R v Roberts
Legal Causation: Woman jumped out of car because she thought she was going to be sexually assaulted. This was reasonable in the circumstances.
25 of 27
R v Williams and Davis
Legal Causation: Man jumped out of car because he thought he was being robbed. This wasn't reasonable as there was a total lack of evidence of it.
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R v Blaue
Factual Causation: D stabbed girl four times after she refused to have sex with him. She was a Jehovah Witness so wouldn't have a blood transfusion. The wound was still the operating cause of death, so the D was still liable.
27 of 27
Other cards in this set
Card 2
Front
Omissions: Created a dangerous situation, and therefore had a duty of care. Started a fire with a cigarette and then left it.
Back
R v Miller
Card 3
Front
Omissions: Policeman stood by as bouncer beat man to death. Guilty as he had a duty to act, as he was a protector of the public.
Back
Card 4
Front
Omissions: Said they would look after his sick sister - assumed a duty of care.
Back
Card 5
Front
State of Affairs: Was flown against her will from Ireland to England.
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