Criminal law cases

• r v pagett

  • D took pregnant girlfriend (v) and held her hostage
  • police called him to surrender
  • d came out with v in front of him firing at the police who returned fire killing v

  pagett guilty because v wouldn't have died but for d using v as a shield

  causation
• r v blaue

  • d stabbed v
  • v was told they needed a blood transplant to live
  • v refused as she was a Jehovah's witness - she died

  d convicted of murder you have to take victim as you find them

  cauation
• r v smith

  • soldiers had a fight v was stabbed in the lungs
  • v was carried to medical centre by other soldiers but was dropped
  • medical centre gave him artificial respiration which made injuries worse - he died

  original attacker was convicted of injury the medical treatment didn't break the chain of causation

  cauation
• r v cheshire

  • d shot v after a fight in fish and chip shop
  • v needed major surgery he developed breathing problems given a tracheotomy
  • v died from rare complications with the tacheometry - all other wounds were healed

  medical treatment doesn't break chain of causation and d is still the cause

  cauation
• r v jordon

  • d stabbed v
  • v treated in hospital and wounds were treating well
  • v was given antibiotics and suffered an allergic reaction
  • a second doctor gave v a larger dose of antibiotics and v died

  doctor was held guilty because he was the intervening act which caused the death d wasn't guilty of murder

  causation
• r v roberts

  • v jumped from d car to escape his sexual advances
  • v suffered injuries

  d liable for v's injuries as it was reasonable foreseeable for her to jump out of the car

  causation
• r v kenny

  • d supplied a class drugs to v who died
  • heroin was self administered

  d didn't cause the drug to be taken or administered - he didn't cause v's death

  causation
• r v white

  • d tried to kill mother by putting poison in her drink
  • before she consumed it she had a heart attack and died

  the d's actions were the factual cause of her death so he wasn't guilty of murder - she would have died anyway

  causation
• r v williams and davies

  • a hitch-hicker jumped from william car and died
  • v jumped because d attempted to steal his wallet

  not proportionate and reasonable to jump from the car - therefore broke the chain of causation

  causation
• r v woollin

  • d threw his 3 month baby at stroller that was against a wall
  • d missed and baby hit the wall and died from head injuries

  convicted of manslaughter because baby hitting wall wasnt virtually certain

  oblique intention
• DDP v smith

  • d was escaping car after theft
  • police tried to stop him by standing in front of car
  • v fell from car bonnet into traffic and died

  d convicted of murder - would reasonable man have committed GBH

  oblique intention
• r v Re A

  • doctors seeking to operate on conjoined twins
  • one was going to die 100%

  not guilty of murder because it avoided a terrible life for both twins

  oblique intention
• pharmaceutical society of great britan v storkwain ltd

  • percription was forged and pharmacists did not realise meaning they didnt act on it

  they supplied drugs without legitimate prescription (even though it was hard to detect) was sufficient to commit the offence

  strict liability - only AR
• callow v tillstone

  • butcher sold meat that was cleared by a vet
  • the meat was proved unfit to sell

  butcher found guilty even though he was not at fault

  strict liability
• harrow LBC v shah and shah

  • d instructed all staff to check ages of people buying lottery tickets
  • a lottery ticket was sold to a 16 year old by mistake

  d was guilty despite procedures and instructions in place

  strict liability - no defence
• r v mohan

  • d drove car accelerating towards police man (intending to stop)
  • drove into him and caused harm when policeman jumped out the way

  direct intention
• r v cunningham

  • d broke into house and ripped off the gas metre
  • the gas leaked into the neighbouring house, v inhaled gas and got sick

  subjective recklessness
• r v G and R

  • two children set fire to a wheely bin
  • fire spread into shops and buildings nearby

  subjecktive recklessness
• r v latimer

  • d tried to hit man int head with belt
  • missed and hit woman instead

  transferred malice
• r v pembliton

  • d threw stone to hit group of people who were fighting
  • hit window instead

  transferred malice - can only be transferred to similar offence
• r v gnango

  • d was in a shoot out
  • accidentally shot innocent passer-by

  transferred malice
• r v fagan

  • d accidentally ran over policemans foot
  • he then didnt move from his foot causing damage

  coincidence - a continuing act
• r v thabo meli

  • d set out to kill v
  • pushed him off cliff but v didnt die
  • he died days later from exposure

  coincidence - transaction theory
• r v church

  • d and v were in van for sexual purposes
  • d knocked v semi unconscious
  • d panicked and thought v was dead so threw her in the river

  coincidence - transaction theory