crim law cases

R v. Shivpuri

factual impossibility in impossible attempt EN: factual impossibility is no defence, a person is judged on the facts as they believed them to be.

M’Naghten Rule

the dfeendant must not have known the nature and quality of the act or that it was worng to claim insanity

Samir A

court rules that preparation is punishable if the objects, substances, or information possessed by the suspect are manifestly intended for the commission of a serious crime.

NSU case

• DE

• a person does not have to be present at the scene of the crime to be considered a perpetrator

R v. Dudley and Stevens

Cannot trade one human life for another

R v. Brown

Consent can be overriden if it is in the interest of societal values

R v. Rose

Criteria for gross negligent manslaughter

1. duty of care

2. breach of duty of care (also exceptional)

3. serious injury to the victim

4. Causal link between the breach of duty of care and the severe injury

5. Gross negligence (use reasonable person standard)

R v. G

Recklessness (EN term for conditional intent) - awareness of risk

1. The offender must have been aware of the risk

2. A reasonable person would not have taken the risk

R v. A

requirements for necessity

• Imminent danger

• To a legitimate interest

• Subsidiarity 1) least intrusive means 2) adequacy

• Proportionality (lesser of two evils BUT lives cannot be weighed against eachother

R v. Roberts

If the behaviour of the victim was a reasonable consequence of what happened to them, it does not break the chain of causation

R v. Gullerfueller

the attempt begins when the defendant embarks on the journey.

Jogee

A perpetrator cannot be held liable if they did not INTEND to encourage and assist the unplanned crime

R v. Clarkson

Simply being present at the crime and failure to report to the police does not mean criminal liability

Frank Formula

• I do not wish to continue v. I cannot continue

• Subjective v. Objective aspect

R v. Blauwe

• thin skull rule

• take the victim as they are

R v. Miller

if the defendant created a dangerous situation, and was aware of it, and failed to act, then they can be held liable

R v. Chesire

Negligent Doctor

R v. Almarko

definiton of special relationship