Judgments
Key cases criminal law semester 1
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Key cases for semester 1 criminal law
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HomicideR v. Gibbins and Proctor-parents have a duty of care for their child
R v. Pittwood-D forgot to shut the gate and V wandered on the train tracks. GNM
R v. Adamako-Doctors owe a duty to their patients
R v. Stone and Dobinson-you can put yourself in a position to give a duty of care
R v. Shephard-once the child is over 18, there is no duty of care
Lewin v CPS-friends do not owe each other a duty of care
R v. Evans-siblings no duty of care
R v. Miller-creation of a dangerous situation
Fagan v MPC-continuous act
Airedale NHS Trust v Bland-mixed up act and omission so doctors wouldn’t be liable for
murder
R v. Dyson-accelerating death is still a cause of death
R v. White-must accelerate death
R v. Cato-death must be substantially contributed to by D (more than de minimis)
R v. Kimsey-even a slight contribution is enough
R v. Dalloway-did not complete the ‘but for’ test as the kid would have died even if he was
riding the horse safely
R v. Blaue-take your victim how you found them
R v. Gowans-natural events can remove D’s liability
R v. Thabo Meli-continuing act
Re: A (A Minor)-impeded ability to decide due to having anorexia. Also, she is a child so the
court can overrule
R v. Malcharek and Steel-switching off life support is not murder if the brain stem is dead
R v. Beckford-person may use reasonable force to defend themselves or another
R v. Vickers-GBH leading to death is murder-malice aforethought
R v. Cunningham-maliciousness-intention to do the harm or recklessness
R v. Rahman-despite not being able to identify which stab wound killed V, it doesn’t matter
as it was intended and there was a contribution
R v. Moloney-no oblique intent
R v. Woollin-virtual certainty
R v. Lamb-no unlawful act if there is no virtual certainty
Andrews v. DPP-normal v reckless negligence for GNM
R v. Lowe-must be an unlawful act for homicide
R v. Carey-D’s acts must directly cause V’s death
R v. Church-argued that criminal negligence has to be done and not recklessness for
constructive
R v. JF-dangerous act was objective, mens rea must be the unlawful act
R v Dawson-a reasonable person would have realised that an imitation gun is not deadly
R. Watson-there must be an initial unlawful act
R v. JM and SM-no foresight needed for unlawful act manslaughter
AG Ref (No. 3 of 1994)-until it is born, a foetus is not a life that can be murdered
R v. Mitchell (1983)-unlawful act manslaughter does not need to be aimed at anyone
Medical Professionals
, R v. Adomako- four stages, duty of care must be breached to cause death so negligent there
should be criminal proceedings
R v. Misra-Adamako does not infringe convention rights and both doctors were convicted of
GNM
R v. Rose-D must foresee the risk
R (Rowley) v DPP-subjective recklessness is not necessary
R v. Lidar-purposeful recklessness is still reckless
R v. Brennan [2015]-diminished responsibility has a closer medical and legal overlap
Defences
R v. Byrne-abnormality of the mind covers a wide spectrum of mental problems
R v. Tandy-still murder as she had the control to stop drinking
R v. Dowds-voluntary acute intoxication does not create diminished responsibility
R v. Hobson-pre-battered woman syndrome. Provocation
R v. Lloyd-substantial diminished impairment is needed
R v. Ramchurn-whilst sexual problems are not one for diminished responsibility alone, other
factors make it a valid part for diminished responsibility
R v. Golds-must be more than substantial and the judge may refuse letting that be admitted
R v. Squelch-when there is voluntary intoxication and mental illness, diminished
responsibility can be used
R v. Dietschmann-abnormality of the mind due to drinking reduced his sentence to
manslaughter
R v. Wood-giving in to drinking is not an involuntary act but the alcohol leads to diminished
responsibility
R v. Stewart-if intoxication is so extreme, prosecution may not be able to establish the mens
rea
R v. Sutcliffe-Yorkshire ripper had a mental illness but was tried for murder
R v. Bruzas-provocation is only a defence for murder
R v. Richens-misdirection does not require a loss of control
R v. Cocker-complete loss of control is not needed
R v. Jewell-revenge removes all defences
R v. Dawes, Hatter and Bowyer-sex is not a qualifying trigger but there are the fear and
anger ones
R v. Thornton (No. 2)-battered woman syndrome. Not provocation but loss of control
R v. Ahluwalia [1992]-provocation would have to be ‘sudden and temporary loss of control’
R v. Clinton-sexual infidelity is not a qualifying trigger
R v. Doughty-hours of continuous baby crying can constitute provocation
R v. Morhall-glue sniffing was a characteristic that needed to be included in provocation
R v. Mohammed-diminished responsibility and mental instability can lead to a greater
sentence
R v. Zebedee-mental state and personality disorder were not enough to meet the
requirements for diminished responsibility
R v. Camplin-would a reasonable man be provoked under the same circumstances (age and
sex)?
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