Non-fatal offences cases (MUST KNOW)

Mitchell (1983)

Principle: Actus Reus must be voluntary

Facts: D punched man in post office. Man fell into V who later died

Smith v Woking (1983)

Principle: For assault, immediate means imminent not instantaneous

Facts: D broke into V’s garden, stared at V through window.

Cunningham (1957)

Principle: established definition of subjective recklessness

Facts: D removed gas meter to seal money. Gas leaked next door, affected resident.

Pagett (1983)

Principle: Defendant can only be guilty if the consequence wouldn’t have happened ‘but for’ the D’s conduct

Facts: D took pregnant gf from her home, police called on him, D came out holding girl, fired at police, police fired back killing girl.

Blaue (1975)

Principle: D must also take the victim as he finds him (Thin-Skull rule)

Facts: Young woman stabbed by D, needed blood transfusion - refused due to religion. V died, D convicted of murder

Cheshire (1991)

Principle: Medical treatment is unlikely to break the chain of causation unless it is so independent of the D’s acts and ‘in itself so potent in causing death’ that the D’s acts are insignificant

Facts: D shot V in thigh and stomach, V needed surgery, developed breathing problems and given tracheotomy. 2 months after, V died from rare complications by tracheotomy. D still liable for V’s death

Miller (1954)

Principle: Defines ABH - Any injury or hurt calculated to interfere with the health or comfort of V

Facts: D threw V to the ground several times

Nelson (2013)

Principle: Defines assault

Facts: threatened to smash prison guards face in.

Gnango (2011)

Principle: example of transferred malice

Facts: D & ‘bandana man’ shot at each other in street. Bandana man shot and killed in innocent passerby, D convicted of murder as result of attempts to kill bandana man