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11 Cards in this Set
- Front
- Back
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Leicester v Pearson
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Actus Reus - Driver didn't stop at zebra crossing for pedestrian but his actions were involuntary because another car drove into him and pushed him onto the crossing.
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Larsonneur
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D was french woman who was forcibly deported from Ireland for being an illegal immigrant. When she arrived in England was arrested again for being an immigrant. She had been found in the UK without permission to be there. Appealed on the grounds that she was taken there against her will but her conviction was upheld.
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White
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Causation - D put poison in mother's drink but V died of a heart attack before she could drink the poison. It was held that D wasn't criminally liable for her death - 'but for' his actions she would still have died. He was guilty of attempted murder though.
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Roberts
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Causation (actions of the victim) - D was giving V a lift and D began touching Vs clothes. V jumped from the car becaue she thought she was going to be raped. D was help liable for V's injuries. Only if V did something so 'daft' that it cannot be expected will the chain of causation be broken.
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Pagett
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Causation (actions of third party) - D was being chased by police, D took gf hostage and started to shoot at police using gf as human shield. Police returned fire and the girl was killed. Pagett argued that he was not tthe cause of the girls death but the court held that it was forseeable that police would return fire if shot at and his conviction was upheld.
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Jordan
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Causation (negligent medical treatment) - D stabbed V, V was recovering until given drugs he was allergic to. V died 8 days later by which time the stab wound had healed. Hospital treatment was described as 'palpably wrong' and the COA said that it broke the chain of causation.
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Smith
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Causation (medical treatment) - D involved in fight with fellow soldier. D stabbed V twice, V was dropped twice while being taken to hospital and medical officer failed to notice the severity of his injuries. V died of stab wounds and COA upheld D's conviction despite the negligence, stabs wounds were the substantial cause of V's death.
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Cheshire
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Causation (medical treatment) - D shot V after a fight in a chip shop. V recieved negligent treatment in hospital and died. D's murder conviction was upheld. COA held that even if the bad treatment is the immediate cause of death, it will not break the chain of causation unless it is so independent of D's actions that it renders them insignificant.
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Malcherek and Steel
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Causation (switching off life support machine will not break the chain of causation) - Malcherek stabbed wife who got brain damage. Steel attacked his V with a large stone who got brain damage. Doctors did relevant tests on both Vs and their life support machine was switched off when they were declared brain dead. Both men were convicted of murder and appealed on basis of they werent the causation of death, switching of life support was. COA upheld convictions saying that doctors only switch off machines when there is brain stem death.
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Blaue
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Causation (take your victims as you find them) - D stabbed V, V refused to have blood transfusion because she was Jehovah's witness, V would not have died if she had blood transfusion. D's manslaughter conviction upheld, needs to take victim as they find them.
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Adams
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Causation (acceleration principle) - No defence to say that V was dying of a fatal disease anyway. D charged with murder for giving his patient, who was terminally ill, an overdose of painkillers. Devlin J directed the jury that it didn't matter that V's days were numbered.
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