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148 Cards in this Set

  • Front
  • Back
R v Dytham
policeman's duty to protect victim assaulted outside nightclub
DPP v Bartely
Irish Gardaí have a duty to investigate claims, a failure to do so makes them liable
R v Evans (Gemma)
duty of care for mother to daughter, duty of care assumed by sister for creating a dangerous situation
R v Chattoway
daughter was completely dependent on parents - duty of care
R v Shepherd
daughter died in labour but completely independent so no duty of care
R v Bonnyman
husband was a doctor and concealed wife's drug addiction - duty of care
R v Hood
wife was a drinker, diabetic, smoker etc. but husband convicted of gross negligence manslaughter for failing to get her medical treatment
R v Smith
wife refused to go to hospital after miscarriage - husband had a duty of care
R v Smith
no duty of care for siblings
R v Instan
moved into sickly Aunt's house and did not help her - convicted of manslaughter
R v Stone&Dobinson
duty of care assumed by couple and were liable for manslaughter
DPP v Joel
recent Irish case on gross negligence manslaughter
DPP v Dunleavy
Test for gross negligence manslaughter in Ireland
DPP v Cullagh
R v Adomako
anaesthetist failed to notice tube was removed
R v Wacker
lorry driver owed illegal immigrants a duty of care
R v White
put cyanide in mother's lemonade
R v Dalloway
only liable if child could have been saved by using the reins
R v Adams
doctor charged with "easing the passing" of patients
DPP v Davis
defendant caused death in a more than minimal way
DPP v Daly
defendants actions need not be the sole/immediate cause of death
AG v Gallagher
reckless driving - involuntary manslaughter, subjective test
R v Robert
jumped from car - objective test for causation
R v Williams
hitchhiker jumped from car - must not be "daft"
R v Blaue
refused blood transfer - still liable
People v Lewis
victim slit own throat, would die anyway and bullet wound still an operating cause
R v Dear
opened stitches - defendant's actions still an operating and significant cause
R v D
psychological harm leading to suicide means manslaughter
R v Pagett
police shot pregnant girlfriend being used as a shield
AG v McGrath
passerby attempted to give medical treatment - was not a novus actus interveniens
R v Kennedy (No.2)
never liable for drug overdose which is self-administered
R v Jordan
defendant died of pneumonia as a reaction to antibiotics medical treatment "palpably wrong," acquitted
R v Smith
fell off stretcher at army base - did not break chain of causation
R v Cheshire
medical complication during tracheotomy but original wounds still an operating cause
R v Latimer
fell on razor - transferred malice
R v Mitchell
fell on woman in post office- transferred malice
AG's Reference (No.3 of 1994)
could be convicted of manslaughter for death of unborn child subsequently born
Hyam v DPP
petrol in letter box - intent = foresight that consequence were highly probable
R v Moloney
soldier shot stepfather - intent = result a natural consequence and foreseen
R v Hancock&Shankland
threw rock on strikebreakers - intent = greater the possibility of the consequence the more likely it was foreseen and if foreseen more likely to have been intended
R v Nedrick
petrol through letter box - intent = was death a virtual certain consequence and foreseen
R v Woolin
baby died by smothering - intent = virtually certain barring an unforeseen intervention and defendant realised that
DPP v Murray
to intend to murder is to have a fixed purpose to reach a desired objective
DPP v Douglas&Hayes
oblique intention - court can infer intention
DPP v Clifford
Irish discussion of intent - the closer an action comes to achieving an outcome, the more likely it was intended
DPP v Hull
shot boyfriend through door
DPP v MacEoin
provocation - have regard to temperament, character and circumstances
DPP v Curran
formulation of provocation under MacEoin test could be dangerously loose
DPP v Davis
act must be "sudden and before there was time for the passion to cool"
R v Bedder
difficulty with "reasonable man" test - prostitute
R v Cocker
suffocated terminally ill wife - no provocation
DPP v Doyle
thing does not have to be done/said by victim in provocation - mistake as to who sleeping man was
DPP v Delaney
killed financially dependent mother - no provoking moment
R v Doughty
babies cries could be provocation
R v Ahluwalia
set abusive husband on fire
DPP v Kelly
MacEoin test of proportionality questioned
DPP v O'Donohoe
cumulative provocation - years of abuse
DPP v Bell
history of sexual abuse an accepted factor
R v Edwards
provocation - debt but excessive
R v Johnson
victim attacked defendant in response to violent threats - defendant could still avail of provocation
R v Clinton
English "loss of control" after affair
DPP v K (a minor)
acid attack - indirect force an assault
Fagan v Metropolitan Police Commissioner
would not drive off foot - mens rea can develop
R v Lamb
victim must apprehend force - did not think bullet would fire
R v Constanza
delivered letters by hand - satisfied immediacy elements of force
R v Ireland
words can be an assault
DPP v Kirwin
literal interpretation to be given to "serious harm"
Collins v Wilcock
consent can be revoked - attempted to arrest possible prostitute
DPP v Dolny
consent not a defence do S.3 assault
AG's Reference (No.6 of 1980)
fist fight not in public interest
R v Brown&Others
consent not a defence as satisfying a libido is not in public interest
R v Wilson
husband branded wife
R v Emmett
erotic asphyxiation/set breasts on fire - consent not a defence
R v Meachen
3 fingers needed colostomy - consent not a defence
R v Dica
consent to sexual intercourse not a consent to an STD
R v Konzani
consent to sexual intercourse distinguished from consent to STD - must be voluntary and informed, honest belief may be a defence
R v Adaye
not clear if defendant had knowledge of STD
Bolduc&Bird v R
doctor gave vaginal exam - no fraud
R v Tabussum
fraudulent breast exams - no consent, false nature
St George's Healthcare NHS Trust v S
refused C-section but was forced to have one - assault
F v West Berkshire Health Authority
sterilised - not an assault as in patient's best interest
R v Gillard
men sprayed gas in bouncer's face - poison
Royal Dublin Society v Yates
pre-1997 Act harassment - required victim to comply with threats
DPP v Ramachchandran
mens rea for harrassment requires reasonable man
R v Colchan
paranoid schizophrenic sent letters to MP - objective standard applied
Lou v DPP
slapped victim, threatened her boyfriend 4 months later - not a "course of conduct" for harassment
Wass v DPP
following former girlfriend on foot and in car - course of conduct, 2 separate incidents
DPP v Lynch
installing kitchen - masturbated & exposed self - "persistent" in continuous or severable
Foy v Registrar for Births, Deaths and Marriages
High Court refused to change birth cert but ECHR did
consent defined - house party, accused knew she consented only because she thought her boyfriend
R v Dee
"you are home soon tonight" no true consent as to identity
R v Elbekkay
assumed she was consenting to boyfriend, was actually his friend - no consent
Papadimitropoulos v R
thought she was married, still consent (nature/identity not changed)
R v Williams
said sex would improve singing - fraud
R v Flattery
said sex was an operation - fraud
R v Linekar
refused to pay prostitute for sex - not fraud as to the act
DPP v Keogh
prostitute - mens rea for rape can develop, continuing act
R v Clarence
husband had gonorrhoea - still consent
R v Camplin
woman drunk - incapable of giving real consent
R v Lang
encouraging a woman to drink in order to get her to consent to sex not rape if she is still capable of consenting
R v Bree
consent may evaporate long before unconscious
R v Olugboja
differentiated consent and submission
R v Doyle
resisted up to penetration, then "let him get on with it" - rape
R v Daniels
guided rapist's penis because she was so scared - still rape
R v Devonald
English 2003 act - consent vitiated by fraud as to purpose
DPP v McDonagh
gang rape - did she offer sex for money?
DPP v Morgan
raped man's wife - belief need not be reasonable
Kaitamki v R
mens rea developed - only realised during second act
R v Chase
"breasts" v "beard" - difficulties of gender-neutral offence
Fairclough v Whipp
invited child to touch - no hostility, not a sexual assault
R v Rolfe
exposed self on train - sexual assault does not require contact, but does require apprehension
R v Sargent
threatened boy with stick to make him masturbate - hostility element satified
DPP v Rogers
made daughter masturbate him - did not force her/was not hostile so no indecent assault
R v Court
smacked girls buttocks - indecency requirements
MD (a minor) v Ireland
challenge to S.5 of the 2006 Act
R v Pommell
necessary possession of gun
Southwark v William
homelessness not an immediate danger - does not satisfy "necessary" to break in
DPP v Kelly
judge must prevent anarchy
Lord Advocate's Reference No1
in cases of necessity, legal alternatives must first be exhausted
DPP v Rogers
escaped in car - could have escaped without car, not necessary
R v Dudley&Stephens
ate cabinboy -convicted of murder
Re A (children) (conjoined twins:surgical separation)
requirements of necessity
Re a Ward of Court
right to die in Ireland
R v Bourne
abortion necessary in England
AG v X
abortion necessary in Ireland
AG v Whelan
duress in Ireland defined
R v Baker&Wilkins
must be a threat of physical harm - child in house
R v Martin
threat of suicide satisfies duress requirement
R v Valderrama-Vega
combination of pressure satisfied duress
R v Ortiz
greed may be a factor in duress
R v Hudson&Taylor
threat to witnesses in court immediate
Liam Keane Trial
"collective amnesia"
R v Abdul-Hassain
hijacked plane - threat may be imminent rather than immediate
R v Hegarty
mental condition not taken into account for duress
DPP v O'Toole
duress case, jury should put themselves in accused's situation
DPP v Dickey
duress case, jury should take accused's frailties into account
R v Fitzpatrick
voluntarily joined IRA - could not plead duress
R v Sharp
joined gang voluntarily and was aware he could be pressured
R v Hasan
threatened by man involved with prostitute he minded - not duress
R v LM&Others
accused were trafficked - able to avail of duress
R v Gotts
duress not a defence to attempted murder
R v Howe
recommended duress as a partial defence to murder
R v Steane
duress not a defence to treason normally
R v Shepherd
Sharp not appropriate where not entered voluntarily/was not aware they were viloent
DPP v Horgan
unlawful act involuntary manslaughter assault
AG v Crosbie&Meehan
brandishing knife was an unlawful, not defensive act
R v Holzer
cut lip - act too trivial for liability for manslaughter
DPP v Hendley
wife died due to accidental damage to liver - not an unlawful act