Law Unit 2: Criminal Liability - Underlying Principles cases

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  • Created on: 08-05-14 20:36
Hill V Baxter
Court gave examples of situations where a driver of a car wouldn't be driving voluntarily - an involutary action doesn't form the AR of a crime
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Pittwood
D left a railway crossing gate open - a contractual duty created criminal liabilty for an omission
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Dytham
Uniformed police officer saw a man kicked to death but didn't do anything - a person's public position created criminal liability for an omission
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Miller
D accidentally set fire to a mattress but didn't try and stop the fire - D's failure to minimise harm caused by his act created liability for an omission
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Stone and Dobinson
Sisters voluntarily looked after relative, who died in their care - a person can takr on responsibility for another and create liability for an omission if they fail to fuffil the duty
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Gibbons and Proctor
Father locked his daughter in the attic and forgot to feed her, and she died of starvation - familial relationship meant a requirement to look after V, but D committed an omission
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White
D put cyanide in his mother's drink, intending to kill, but she died of a heart attack before drinking - no factual cause of death as the actual cause of death was natural
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Pagett
D used his girlfriend as a human shield - logical, but unusual, result of the 'but-for' test
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Jordan
V received an incorrect injection after almost recovering from a stabbing - the medical treatment was 'palpably wrong', so there was no legal causation with the stabber
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Smith (1959)
Two soldiers fought and one was stabbed, but there was some controversy over the actual cause - the original stabbing was the opperating and substantial cause of the consequence
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Blaue
D stabbed a Jehovah's Witness, who refused life-saving surgery on religious grounds - example of take your victim as you find them
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Roberts (1971)
V jumped out of a car to avoid D's sexual advances - V's own actions were reasonable so there was causation
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Williams
V jumped out of a moving car to avoid being robbed - V's own actions were possibly unreasonable and so broke the chain of causation
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Mohan
D drove at a police vehicle purposely - gives a definition, and example, of direct intent
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Woolin
D lost his temper with his choking baby and threw it towards its pram - sets out the 'virtual certainty' test for indirect intention
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Nedrick
D poured paraffin through a letterbox and proceded to light it, which killed a child - intention includes knowledgeor foresight
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Cunningham (1957)
D broke a gas meter whislt breaking into V's house, who became ill due to a gas leak - sets out the essential definition of subjective recklessness
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Fagan V MPC
D accidently parked on a policeman's foot, but refused to move later on - there was a continuing act, so there was coincidence of AR and MR when the MR was later formed
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Thabo Meli
D hit V over the head with the intention to kill and threw them off a cliff, but V later died of exposure - MR formed for the first continued over a series of acts and a conseuqence some days later
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Mitchell
D got angry in a post office and pushed someone, who knocked into V who fell to the ground - example of transferred malice to V through the original person attacked
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Sweet V Parsley
V let out her cottage, where people took drugs without her knowing - statute didn't specifically exclude MR for strict liability as it mentioned a need for knowledge
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Gammon (Hong Kong) Ltd V Attorney-General for Hong Kong
Builder deviated from plans in the construction of a building - sets out the general criteria for a crime to be a crime of strict liability
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Alphacell V Woodward
Polluted water discharged into a river due to pumping equipment being blocked - company guilty even though the event couldn't have been predicted, as this encourages greater vigilance
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Smedleys V Breed
One tin of peas manufactured by D contained a caterpillar - company was guilty even though all reasonable care had been taken
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London Borough of Harrow V Shah
Lottery ticket was sold to someone under the age of 16 - even though it wasn't truly criminal, it was of social concern
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Blake
D knew he was using recording equipment to make demos, but didn't realise he was transmitting - characteristic of strict liability is that of public safety
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Logdon
D pointed a replica gun at V, who thought it was real - assault could be words and actions
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Smith V Chief Superintendent of Woking Police
D was standing outside V's apartment - actions alone can form assault
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Tuberville V Savage
D said if the courts weren't in town he'd draw his sword - words can make it clear that assault/battery won't occur
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Ireland
Kept on making silent phone calls - silence can be a form of assault
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Thomas
D took hold of the hem of a 12-year-old girl's skirt - decided that touching a person's clothing can be battery
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Haystead
D punched his girlfriend, causing her to drop her baby onto the floor - indirect force is sufficient for there to be battery
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DDP V K
D placed acid in a hand dryer that someone later used - indirect force can amount to battery
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Venna
D resisted arrest - defines MR of battery as it was "proof that D intentionally or recklessly applied force to the person of another"
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Chan-Fook
D locked V in a room after a confrontation, and V feared D's return so harmed himself - 'harm' in s.47 of the OAPA includes physical or psychiatric
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Smith (2006)
D cut off his former partner's ponytail - ABH can include all parts of the body including the hair
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Roberts (1971)
V jumped out of a car to avoid D's sexual advances - authority for the proposition that MR for s.47 of the OAPA is intention or recklessness as to assault or battery
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Savage
D threw beer - confirmed MR for s.47 of the OAPA as set out in Roberts
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JCC V Eisenhower
V suffered internal bleeding, without breaking any layers of skin - wounding requires both layers of skin being broken
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Brown V Stratton
Transexual was beaten by his family members - a collection of minor injuries can amount to GBH
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Belfon
D slashed V with a razor, causing severe wounds to his face and chest - D must have had the specific intent to do GBH or resist arrest to be convicted under s.18 of the OAPA
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Other cards in this set

Card 2

Front

D left a railway crossing gate open - a contractual duty created criminal liabilty for an omission

Back

Pittwood

Card 3

Front

Uniformed police officer saw a man kicked to death but didn't do anything - a person's public position created criminal liability for an omission

Back

Preview of the back of card 3

Card 4

Front

D accidentally set fire to a mattress but didn't try and stop the fire - D's failure to minimise harm caused by his act created liability for an omission

Back

Preview of the back of card 4

Card 5

Front

Sisters voluntarily looked after relative, who died in their care - a person can takr on responsibility for another and create liability for an omission if they fail to fuffil the duty

Back

Preview of the back of card 5
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