Criminal Law

• Hill v Baxter: External factor of involuntary actions.
• Leicester v Pearson: Physical force can be an involuntary act.
• R v Stone and Dobinson: Voluntary assumption of care
• R v Pittwood: Duty through contract
• R v Dytham: Duty through public duty
• R v Gibbins and Proctor: Duty through relationship
• Road Traffic Act 1988: Failing to provide a breath sample is a violation of a duty.
• R v Winzar: State of affairs
• Mohan: Direct intention
• Moloney: Intention is a matter for the jury
• Chandler v DPP: Intention is not motive.
• Woollin: Virtual certainty and indirect intention
• Cunningham: Recklessness
• Latimer: Mens rea doesn‘t have to be on a named victim.
• Mitchell: Mens rea can transfer from the intended victim to the actual victim.
• Pembliton: Mens rea can be transferred over different offences.
• Fagan v MPC: Continuing actus reus
• Church: Continuing mens rea
• White: Established “but for” test but doesn’t show it in action.
• Pagett: Shows ”but for” in action
• Kimsey: “More than a slight or trifling link between cause and outcome”
• Jordan: Third part act breaking the chain.
• Williams: Victim’s own act wasn’t reasonably foreseeable.
• Cheshire: Cause of death not independent for the original act.
• Malcherek: Turning off life support does not break chain.
• Roberts: Victim’s own acts were reasonably foreseeable.
• Blaue: Thin skull rule
• Harrow LBC v Shah: Even with no fault, you can still find strict liability.
• Sweet v Parsley: Starting point for judges is that mens rea is required.
• B v DPP: The presumption is always stronger where the crime is “truly criminal”.
• Smedleys v Breed: Strict liability in food production
• Alphacell v Woodward: Strict liability in pollution
• Atkinson v Sir Alfred McAlpine: Strict liability in health and safety.
• s39 Criminal Justice Act 1988: outlines sentence for assault and battery.
• Ireland: “Intentionally or recklessly causes the victim to apprehend, immediate, or unlawful violence”
• Constanza: Word can be assault.
• Tuberville v Savage: Words can negate an assault
• Lamb: Apprehend
• Smith v Chief Superintendent of Woking Police Station: Immediacy. “Did not know what D was going to do, but knew it was violent in nature”
• Savage: Intention or subjective recklessness for assault