The defendant ignored a road sign and crashed his van, claiming to have no memory and to have acted as an automaton. The court still convicted the defendant as there was not enough evidence to prove his actions were involuntary.
What legal point was used in r v hill v baxter?
What is and isnt volunatary was made clear, eg being stung by bees while driving causing a car crash or having a heart attack.
When did r v larsonneur occur?
1933
What is a brief summary of r v larsonneur?
A defendant went to ireland after being deported from the Uk. Irish police involuntarily brought her back to the UK, and she was convicted for going back to england illegally.
When did r v pitwood occur?
1922
What happened in r v pitwood?
A railway crossing keeper failed to close a gate, leading to a fatality. He was convicted of manslaughter.
What legal point was used in r v pittwood?
A breach of contractual duty.
What happened in r v gibbins and proctor?
Child neglect and murder.
When did r v gibbins and proctor occur?
1918
What legal point was used in r v gibbins and proctor?
breach of duty of care, because it was the parents' responsibility to take care of the child.
In the case study of r v miller (not the fire one), what was clarified?
the definition of assault occasioning actual bodily harm
What is the definition of assault occasioning actual bodily harm?
Any hurt or injury calculated to interfere with the health and or comfort of the victim.
Which case study clarifies what immediate means?
smith v the super intended of woking police
What is meant by immediate?
Some time in the near future
Which case study says that silence can count as assault?
r v ireland
which case says that words can amount to assault?
r v constanza
Which case study says that the victim must fear violence for assault to be amounted?
r v lamb
which case study says that words can negat the assault?
turberville v savage
which case adds psychological harm to the definition of actual bodily harm?
r v chan fook
Which case says that the cutting of hair counts as ABH?
dpp v smith
Which case says knocking someone unconcious also counts as abh?
T v smith
which case says that the defendant only needs the men's rea for assault and battery for ABH?
R v Savage
Which case illustrates indirect battery?
dpp v k
What case illustrates battery through an omission?
r v santana-burmudez
Which case shows that touching someone without their consent counts as battery?
collins v willcock
Which case shows that touching someone's clothes counts as battery?
r v thomas
Which case defines the men's rea for battery?
R v Venna
which case shows that the vunerability of the victim is considered?
r v bullom
Which case shows that the transmission of STDs count as GBH?
R v dica
Which case shows that a flurry of smaller injuries can amount to gbh?
r v brown and stratton
Which case adds serious psychological injuries to GBH?
R v burstow
which case defines what GBH is?
r v smith 1961
What is the definition of assault occasioning grievous bodily harm?
No more and no less than serious harm
Which case defines what a wound is?
jcc v eisenhower
what is a wound?
where all layers of skin are broken
which case defines what is meant by direct intention?
R v mohan
which case defines what oblique intention is?
r v woolin
which case defines what is meant by recklessness?
r v cunningham
which case gives an example of the thin skull rule?