100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Summary Criminal Law - Case List $27.40   Add to cart

Summary

Summary Criminal Law - Case List

 13 views  0 purchase
  • Course
  • Institution

A comprehensive summary of the cases on Criminal Law in the UK.

Preview 4 out of 74  pages

  • November 12, 2022
  • 74
  • 2023/2024
  • Summary
  • Unknown
avatar-seller
Criminal Law Case List

Week 2: Analysing Criminal Law



Blameworthiness / fault


Case Issues Facts Judgment

B v DPP [2000] 2 Boy asked girl for sexual favour on bus
AC 428

R v G [2008] Boy had sex with girl claiming she had
UKHL 37 consented and told him she was above 14


Human Rights Act / European Convention on Human Rights


Case Issues Facts Judgment

Barnfather v Strict liability Mother charged because child was not
Islington attending school
Education
Authority [2003]
1 WLR 2318;
[2003] EWHC
418

,R v Lambert
[2001] 3 WLR
206


SW & CR v UK
(1996) 21 EHRR
363


MC v Bulgaria
(2005) 40 EHRR
20


R v H [2002] 1 Cr
App R 7


R v Rimmington
and Goldstein
[2006] 1 Cr App
R 17

, Week 3: Conduct / Actus Reus


Voluntariness

Case Issues Facts Judgment

Larsonneur The appellant, a French subject, went to the Appeal dismissed.
(1933) 24 Cr. Irish Free State on the date on which she was The appellant had committed the offence under the Aliens
App. R 74 required to depart from the United Kingdom. Order 1920:
An order for her deportation from the Irish
Free State was made by the executive ● By being found in the United Kingdom on a day after
authorities of that country, and she was
the day limited by the condition of her passport, she
subsequently brought back and handed over
was deemed to be an alien whose landing had been
to the police of the United Kingdom, by whom
prohibited by the Secretary of State.
she was detained.
She was convicted for “being an alien to ● The circumstances in which she returned to the
whom leave to land in the United Kingdom United Kingdom are immaterial.
has been refused was found in the United
Kingdom”.




Omissions

Case Issues Facts Judgment

R v Evans [2009] Omission; Conduct; The appellant (E) had bought heroin and Appeal dismissed.
EWCA Crim 650 Duty to act; Jury handed some to her half-sister, who self- a) The existence of a duty of care is a question of law for the
directions; administered the drug. E did not call for judge: the question whether the facts establish the existence
Manslaughter by gross medical assistance when her half-sister of the duty is for the jury.
negligence; Duty looked as if she had taken an overdose.

, theory; Duty by The victim’s mother was convicted for gross
● However, the mis-direction did not render the
creation of danger; negligence manslaughter on the basis that she
Relationship duty was the mother of the victim. conviction unsafe
The appellant (E) appealed against a b) The appellant had a duty of care arising not out of her
conviction for manslaughter by gross familial relationship nor from her actions in seeking to care
negligence. for Carly, but from her supplying the heroin.

● She had created a dangerous situation and failed to
take action to reduce the risk.

R v Miller [1983] Omission; Conduct; The appellant (Miller), had fallen asleep with Appeal dismissed
2 AC 161 Arson; Duty theory; a lit cigarette, and woke up to find the While the initial act of the appellant was unintentional, he
Duty by creation of mattress on fire. had later become aware of the risk created
danger He did not make an effort to put out the fire,
and merely moved to another room instead. ● At the moment of awareness, it was within his power
The appellant was charged with the offence of to take steps to prevent damage to the property at
arson contrary to s. 1(1) and (3) of the risk
Criminal Damage Act 1971. ● He failed to take action, constituting recklessness

● Lord Diplock adopted the ‘duty theory’ of Professor J
C Smith

Fagan v Assault; Mens rea; A police constable directed the defendant Held, dismissing the appeal (Bridge J. dissenting) that
Commissioner of Actus reus; driver to park his vehicle at a precise space (1) Battery could be inflicted through the medium of a
Metropolitan Unintentional against the kerb, whereupon the defendant weapon or instrument controlled by the action of the
Police [1969] 1 assault/battery; drove his car on to the police constable’s foot. offender
QB 439 Omission; Continuing After the latter had repeated several times,
act (2) It was not necessary for the mens rea to be present at
"Get off my foot!" the defendant reversed the the inception of the actus reus: it could be superimposed
car off the constable's foot. The defendant on an existing act provided it was a continuing act
was convicted by justices of assaulting a
police constable in the execution of his duty. ● The defendant's act in mounting the policeman's foot
Fagan was initially convicted by magistrates with his car was an unintentional battery, which his

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller sirjacktan. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $27.40. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

82191 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
$27.40
  • (0)
  Add to cart