Law case studies

Mitchell (1983)

Actus reus must be voluntary

D punched man in post office

Larsonneur (1933)

Some state of affairs don’t need voluntary actus reus

Found entering uk following deportation

Pittwood (1902)

A contractual duty exists

Worker failed to shut railway gates v killed by train

Gibbons and proctor (1918)

A relationship exists

Father failed to feed child

Stone and dobinson (1977)

A duty voluntarily undertaken

Stones elderly sister became ill D did not help

Evans (2009)

A Duty voluntarily undertaken

Heroin addict lived with mum and sister who gave v drugs v overdosed d didn’t seek help

Dytham (1979)

A duty from an official position

D witnessed attack on v but didn’t seek help (was a cop)

Miller (1983)

Defendant created a dangerous situation

D fell asleep in empty house his cigarette started a fire he knew but didn’t get help

pagett (1983)

d is liable for third party’s acts if actions were reasonably foreseeable

D held v hostage and used her as human shield

Hughes (2013)

Consequence wouldn’t have happened without defendants conduct

D had faultless driving v was reckless smashed into d and had fatal injuries but d had no insurance

Kimsey (1996)

Ds acts must be more than a slight or trifling cause of the result

D in car chase and lost control killing other driver, evidence of what happened before the crash was unclear

Blaue (1975)

Victim has unusual physical health resulting in more serious injury

D stabbed v and needed blood but v was a Jehovah’s Witness and died

Smith (1959)

If d acts is still a substantial cause d us liable even if medical treatment is bad

D stabbed v in lung soldiers carried v to medical centre but dropped him and v died

Cheshire (1991)

Intervening medical treatment can only break chain if it’s independent of wounds

D shot v who was given tracheotomy v died from complications even though original injury healed d liable

Jordan (1956)

If v dies of bad treatment that caused the death the d isn’t liable

D stabbed v and was given antibiotics but had allergic reaction

Malcherek (1981)

Switching off life support doesn’t break the chain of causation

D stabbed v and was put in life support machines was turned off d liable

Roberts (1972)

Defendant caused victim to react in a foreseeable way

v jumped from car to avoid ds sexual advances v was injured

Marjoram (2000)

Defendant causes v to react in a foreseeable way

D shouted abuse at vs hotel forced door open v jumped from window with serious injury

Kennedy (2007)

Defendant causes victim to react in a foreseeable way

D supplied v with drugs v self administered so d didn’t cause the death

Mohan (1975)

Defined direct intention a desire to bring about a particular consequence

D responded to cops request to slow down and accelerated in direction of cop who had to dive out the way

Hancock and shankland (1986)

Consequence more likely means foreseeability

D wanted to stop a miner working and pushed concrete block onto road killing driver

Moloney (1985)

Foresight of consequences is evidence of intention not intent itself

D and father were drunk and reces to assemble loaded gun but father was shot

Woolin (1998)

Jury cannot find intention unless sure death was a vertical certainty and d knew this

D threw 3 month old baby toward pram in frustration killing child

Matthews and alleyne

Foresight of consequences does not equal intention. Jury can find intention but doesn’t have to

D dropped v from bridge v said he couldn’t swim d left before v reached bank v drowned

Cundy v le coq (1884)

eg if strict liability offence (alcohol)

D charged with selling alcohol to intoxicated person, customer didn’t appear intoxicated

Fagan v MPC(1986)

Continuing acts

D drove on cops foot accidentally

Adomako(1994)

Example of negligence in a criminal case

D was an anaesthetist who failed to notice O2 pipe disconnected

Cunningham (1957)

Established definition of subjective recklessness

R removed gas meter to steal money, gas leaked and affected resident

Gnango (2011)

Example of transferred malice

D and man shooting in street, man killed innocent passerby d convicted of murder in attempted to kill man

Thabo meli V R

Coincidence of actus reus and men’s rea

D attacked man and thought him dead, pushed him over a cliff and he died of exposure

Nelson (2013)

Defines assault

D serving sentence, threatened to smash guards face in

Constanza (1997)

Words can be the actus reus of assault

D sent over 800 threatening messages to v

Ireland (1997)

Silence can be the actus reus of assault

D made series if silent phone calls to 3 women for months

Smith v Woking (1983)

For assault, immediate means imminent not instantaneous

D broke into garden, stared at v through window at night

Collins v wilcock (1984)

Force can be slight for the actus reus of battery

D(cop) holds vs arm to prevent them walking away, woman scratched him but d wasn’t arresting so holding arm= battery

Wood(fraser) v DPP(2008)

Force can be slight for the actus reus of battery

D was mistaken for another man, officer took hold of ds arm resulting in battery

Thomas (1985)

Touching a persons clothing is the same as touching them

D touched vs shirt but not v directly

DPP v K

Indirect acts can form the actus reus of battery

D hides acid in hand dryer in school, to collect later, v uses hand dryer and is sprayed with acid

Miller (1954)

Defines ABH- any injury calculated to interfere with the health of v

D threw v to ground several times

T v DPP (2003)

Temporary loss of consciousness can be ABH

d chased and kicked v, who lost consciousness

R v chan fook (1994)

ABH need not be permanent, psychiatric injury can amount to ABH

V tried to escape v and was hurt in the process

DPP V smith(Michael) (2006)

Cutting hair can be ABH

D cut if vs ponytail

JJC v Eisenhower (1983)

Internal bleeding doesn’t constitute a wound

V shot in eye, caused burst blood vessel

burstow (1997)

Serious psychiatric injury can constitute GBH

D harassed v, who later suffered severe depression

Bollom (2004)

Severity of injuries assessed based on vs age and health

Baby suffered bruising as a result of ds action

Dica (2004)

Transmitting HIV is GBH

D didn’t inform v he was HIV positive, passed it to v

Morrison (1989)

S.18 resisting arrest =intent, subsequent injury can be recklessness

Cop hold d while arresting him, d dived through window injuring cop

Taylor (2009)

Intent to wound not enough for s.18

V found with scratches and a stab wound in his back