General Elements of crime

• What case is related to the fact that the conduct must be voluntary?


  Hill v Baxter
• What happened in Hill v Baxter?

  D was driving and a swarm of bees flew in, causing her to lose control of the car
• What happened in Larsonneur?

  D was deported against her will from Ireland to England. On arrival, she was charged with the offence of "being" an illegal alien.
• What happened in Pittwood (1902)?

  Railway crossing keeper failed to shut gates. A train collided with a cart killing the train driver.
• Why was D liable for the driver's death in Pittwood?


  D had a duty to close the gate because it was part of his contractual obligation
• Give a case for Official position, and what happened?


  Dytham, where a police officer stood by while V was beaten up. D was guilty for failing to perform his duty while in a public position.
• Give a case for Special Relationship, and what happened?

  Gibbons & Proctor, where a father starved his 7-year-old daughter to death. He had a duty to feed her and the omission formed the AR of murder.
• Give a case for Duty undertaken voluntarily and what happened?

  Stone & Dobinson, where Ds took in an elderly relative and failed to look after her. Ds were liable for her death.
• Give a case for Creating a dangerous situation and what happened?

  Miller, where D failed to take reasonable steps to deal with the fire he had started. He had created a dangerous situation and owed a duty to call the fire brigade.
• What was decided in Airedale NHS Trust v Bland?

  If discontinuing treatment is in the best interests of the patient then it is not an omission so does not for an Actus Reus.
• Name three cases associated with Factual causation

  White

  Pagett

  Hughes
• What happened in White?

  D was acquitted because although he tried to poison his mother she actually died because of a heart attack - so he wasn't a factual cause.
• What happened in pagett?

  D was the factual cause of death when he used his girlfriend as a shield and fired at police.
• What happened in Hughes?

  D was charged with causing death by driving while uninsured.
• What are the 3 cases linked to Legal causation?

  Kimsey

  Benge

  Blaue
• What happened in Kimsey?

  D and V engaged in a high speed car chase. V lost control of the car and died.
• What happened in Benge?

  D was a foreman during work on a train track. He failed to give adequate warning to an approaching train driver and a fatal accident occurred.
• What happened in Blaue?

  D was held responsible for V's death when the Jehovah's Witness he stabbed refused a blood transfusion, despite the fact she would have survived fi she had accepted the treatment.
• What happened in Roberts?

  V jumped from a moving car to escape from Ds sexual advances
• What happened in Williams?


  V died after jumping from a moving car, allegedly to avoid having his wallet stolen.
• What happened in Smith?


  After being stabbed in a fight by D, V was dropped twice on the way to the treatment centre and left untreated for some time.
• What happened in Cheshire?

  D shot V in the stomach and thigh. 2 months later, V died from rare complications following his tracheotomy
• What happened in Jordan?

  V was stabbed by D and admitted to hospital. V's wounds were healing when Doctors gave him a large amount of antibiotics which he was allergic to and he died.
• Give an example of Direct intent?

  Mohan
• What happened in Mohan?


  D had driven his car straight at a police officer with the aim of injuring him.
• What is an example of indirect intent?

  Woollin
• What happened in Woollin?

  D threw his baby across the room and did not intend to kill him.
• What happened in Cunningham?

  D tore a gas meter from a wall in order to steal money in the meter. Gas escaped and seeped, poisoning the neighbour.
• Give an example of recklessness

  Cunningham
• Give an example of negligence

  Adomako
• What happened in Adomako?

  an asaesthetist took several minutes to notice a breathing tube had become disconnected during an operation.
• What happened in Callow v Tillstone?

  A butcher was convicted of selling contaminated meat even though it had been certified as fit for human consumption by a vet.
• What happened in Cundy v Le Cocq?

  D was charged with selling alcohol to a drunk person
• What happened in Harrow v Shah?

  A staff member in a newsagent sold a lottery ticket to a 13-year-old who looked much older.
• What happened in Sweet v Parsley?

  D rented a farmhouse to students who, unknowingly to her, used it to smoke cannabis.
• What happened in B v DPP?

  A 15-year-old boy asked a 13-year-old girl on a bus to have oral sex believing she was over 14.
• Give 2 examples of Transferred Malice

  Latimer

  Pembliton
• What happened in Latimer?

  D aimed a blow with a belt at a man in a pub, however it bounced and struck a woman in the face.
• What happened in Pembliton?

  D threw a stone at V but missed and smashed a window instead.
• Give an example of a continuing act

  Fagan