Murder Cases

Description

Murder Cases for Law. Actus Reus and Mens Rea included.
Amy Platt
Flashcards by Amy Platt, updated more than 1 year ago
Amy Platt
Created by Amy Platt almost 8 years ago
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Resource summary

Question Answer
R v White D tried to poison his mother but before the poison took affect she died of a natural heart attack. PRINCIPLE: The D was not the sinquannon cause of his mother's death. (Factual Causation)
R v Pagett D begun firing at the police who returned fire and he used his gf as a human shield and she died. PRINCIPLE: It was reasonably foreseeable that the police would return fire. (Factual Causation)
R v Cheshire The D's injuries begun healing but he still had breathing problems. Doctors tried rectifying this but complications arose and the D died. PRINCIPLE: It was reasonably foreseeable that medical complications could happen. D still legal cause of death. (Legal Causation)
R v Jordan A junior doctor issued the V more antibiotics for the second time after he had an allergic reaction previously. The V died. PRINCIPLE: the medical negligence was 'palpably wrong' and 'so potent in causing death that it rendered the D's acts as insignificant'. (Legal Causation)
R v Benge Benge failed to give adequate warning to train drivers who were approaching the station and a collision occurred causing death to a lot of people. (Contribution of Others)
R v Roberts The V jumped out of the car to avoid sexual advances. PRINCIPLE: the V's act was not 'daft' (unreasonable) and there was no break in the chain of causation. (Victim's Own Contributions)
R v Blaue V had been stabbed and rejected life threatening treatment on religious grounds. PRINCIPLE: characteristic. D was still liable of death. D had to 'take his victim as he found her'. (Thin Skull Rule)
R v Hayward D triggered his wife's heart attack by shouting at her. Unknown to both of them she had a thyroid condition. PRINCIPLE: physical weakness. D had to 'take his victim as he found her'. (Thin Skull Rule)
R v Dear The V had been stabbed by D and as his wounds were healing he reopened them and bled to death. PRINCIPLE: self-neglect. D had to 'take his victim as he found him'. (Thin Skull Rule)
Malcherek and Steel PRINCIPLE: A doctor switching off a life support machine does not break the chain of causation. (Thin Skull Rule)
R v Calheam D hired a professional hitman to kill the V. PRINCIPLE: this illustrates direct intent. (Direct Intention)
R v Woollin D threw his baby into a wall after he couldn't stop it from crying. PRINCIPLE: it was reasonably foreseeable that death or GBH would occur by this act and the D must have realised this. (Oblique/Indirect Intent)
R v Latimer The D tried hitting the V with his belt but hit a woman across the fact instead. PRINCIPLE: the intention is transferrer from the V to the actual V. (Transferred Malice)
R v Matthew and Alleyne Ds thew the V in a river in order to scare him, they did not know he couldn't swim and he drowned. PRINCIPLE: A jury is entitled to find intention.
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