This is a document that has all the case studies needed for paper one about criminal law. If you just remember all this case studies and their rules then you will definitely get Atleast Grade B
CASES
Actus Reus:
1. Hill v Baxter – for an act to be the AR of an offence, it must be a voluntary,
deliberate act.
Omission cases:
2. Pittwood – duty to act under contract.
3. Stone and Dobinson – voluntarily take on responsibility for somebody else.
4. Miller – duty to act when someone creates a dangerous situation.
5. Dytham – duty to act also exists if a person is in a position of public
responsibility.
6. Gibbins and Proctor – duty to act in certain relationships like parent and child.
Causation cases:
7. White, Pagett – Factual causation.
8. Smith – Legal causation (operating and substantial cause).
9. Cheshire – The D must contribute significantly to the cause.
10. Intervening act
11. Cheshire – Medical treatment rarely breaks chain of causation (unless
when the treatment is so independent of the d’s actions).
12. Jordan – Medical treatment does break the chain of causation (only in rare
circumstances though).
13. R v Malcherek and Steele – Switching off a life-support machine by a
doctor when it has been decided that the victim is brain-dead does not break
the chain of causation.
14. Blaue – Thin skull rule, D must take the victim (V) as he finds him.
15. Roberts – Acts of victim: If the defendant causes the victim to act in a
reasonably foreseeable way, then the victim’s own act will not break the
chain.
16. Williams – Acts of victim: If the act by the victim is daft/unreasonable and
so reasonably unforeseeable then the victims act breaks the chain.
17. Muhammed – Act of the Defendant: Victims own recklessness can stop
break in causation even as the event occurred through the D’s own actions.
Mens Rea:
18. Mohan – Direct Intention
19. Woollin – Indirect / Oblique Intention
20. Dudley & Stephens and Moloney – Oblique intent
21. Matthews and Alleyne – it was wrong of the court to state in Woollin that
an appreciation of virtual certainty constituted intention.
22. Cunningham – Recklessness
23. R. v G and Another – It must be shown D was aware it was unreasonable
to take the risk but decided to take it anyway.
, 24. Latimer – Transferred malice (when the defendant’s mens rea is
transferred from an intended victim onto the actual victim)
25. Mitchell – the mens rea was transferred from the intended victim to the
actual victim.
26. Pembliton – Mens rea cannot be transferred between different types of
offences.
27. Fagan v MPC – continuing act. (Coincidence rule/ Contemporaneity rule)
28. Thabo Meli – The MR continues over a series of acts until the AR.
29. Church – The MR continues over a series of acts until the AR.
30. Callow v Tillstone – Mens rea is not required for every aspect of the AR.
31. AG for Hong Kong v Gammon – Criteria for SL offences are Laid down by
Lord Scarman.
32. Alphacell v Woodward – Prevent pollution.
33. Prevent pollution – To ensure food safety.
34. Harrow LBC v Shah – To protect children from the dangers of gambling,
drinking and tobacco.
35. R v Larsonneur – D has been convicted even though he did not act
voluntarily.
36. Winzar v Chief Constable of Kent – absolute liability offences are those
where D can be liable without being at fault.
Assault:
37. Arobekieke – an act that causes fear is needed for assault.
38. Constanza – Words are sufficient for assault.
39. Smith v CSoWP – Actions alone is enough for assault.
40. Ireland – silence still counts as assault.
41. Lamb – Victim must apprehend immediate unlawful force.
42. Tuberville v Savage – words might negate the threat.
Battery:
43. Collins v Wilcock – application of unlawful force.
44. Thomas – Only the slightest touch is necessary.
45. DPP v K and R v Haystead – A battery may be indirect.
46. Savage or Venna – The mens rea for battery is intention or recklessness as
to the application of unlawful force.
ABH:
47. Chan-Fook – ABH means injury that is ‘not trifling’ or ‘not wholly
insignificant.
48. Chan-Fook – ABH can include psychiatric harm but must be ‘more than
fear or distress’.
49. Smith (Michael) - the Assault or Battery leads to discomfort then it is ABH.
50. T v DPP – ABH includes momentary loss of consciousness.
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