Crime - Case Law

Omissions - Miller

D set fire to matters

Failed to rectify creation of a dangerous situation

Thin skill rule

Blaue

Take your victim as you find them - still responsible for death
Jehovah’s witness refused blood transfusion

Medical treatment breaking the chain of causation

Smith - even though dropped twice in hospital, stab wound was still operating

Direct intent

Mohan

Decision to bring about consequence

Indirect intent

Woolin

Threw baby into pram

Virtually certain death would happen

Transferred malice

Latimer

Hit man with a belt, hit a woman instead

Fear trigger

Ward

D killed a man as he was in fear of serious danger due to his brother being attacked

Anger trigger

Clinton

Sexual infidelity not enough but taunting was in conjunction

Adomako

Failed to notice missing breathing tube

Negligence was so gross

Assault - Smith v Woking

Stood outside window

No words but threat of serious and immediate action is satisfied

Miller - ABH

Any injury that interferes with health or comfort

DPP vs Smith - GBH

Serious harm - dislocations - broken limbs - permanent disability

Barton and booth test - dishonesty in theft

Ran a care home and stole from residents

• What did the defendant believe the facts to be

• Was the conduct dishonest by the standards of ordinary reasonable people

Hale - robbery

Defendant stole jewellery when victim was tied up - even though force was used before theft continuation applies

Ryan - entry as a trespasser

Head and arm were inside a building

Jury could see as entry even though ineffective

White - Attempted murder

Put poison in his mothers drink

Died of a heart attack before she could drink It

Convicted of attempted murder

Geddes - attempts

D was found in the toilets with a knife, rope and masking tape

Court came up with 2 questions

1. Has D moved from planning to execution

2. Has D done an act showing they were trying to commit full offence not just getting into position or equipping themselves

Shivpuri - Attempting the impossible

Smuggled a briefcase of drugs however it was just harmful vegetable matter

Williams - need for force

Man thought youth was getting attacked when he was actually being arrested

Martin - Degree of force used

Shot burglar in the back - use of gun was excessive as he was running away

Bird - Pre-emptive strike

People are allowed to defend themselves before being attacked

AG’s reference on consent (5)

Consent only available for assault and not bodily injury unless it is one of these:

Reasonable medical procedures

Body art

Horseplay

Proper conducted games and sports

Dangerous exhibitions

Tabbasum - consent

Persuaded women to measure their breast soft medical reasons - he was not a doctor

Valderama-vega

Imported cocaine form Columbia - death threats yes but not financial and threat to expose sexuality

Cole - duress

Owed money so he carried out robbery

However no connection between threat and crime

Sharp - duress

Self induced duress - joined a violent gang so knew they wouldn’t play fair when he wanted to leave

Howe - duress

Duress is not a defence to murder

Re A conjoined twins

Only 1 twin could survive or both would die so necessity says you can choose the lesser of 2 evils

Keal - Insanity

Charged with attempted murder when he said “I know I'm sorry”, I don’t want to” at the time of the attack

Insanity is not available as he knew it was legally and morally wrong and his illness made him feel like he had to

Hardie - automatism + Involuntary intox

Took valium expecting it to calm him down and instead it had un unexpected result and he set fire to a wardrobe

Not been reckless

Sheehan and Moore - Intoxication

Very drunk and set fire to a homeless man

Too drunk to form mens rea however they were guilty of manslaughter as it is basic intent