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CASES (S18 and S20 GBH (Bollom (2003) - GBH injuries -
*Cuts and bruises…
CASES
FATAL OFFENCES
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Murder
Re A (2000): - Unlawful killing, also defence of necessity-
Kill one twin to save the other. Courts allowed it, not an unlawful killing.
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Adebolajo (2014): - Under the queen's peace -
Lee Rigby case, full life sentence.
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Non-Fatal Offences
Assault
Logden (1976)
Pointed imitation gun at a woman, didn't matter that it was fake
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Constanza (1977)
Stole V's washing, sent her over 800 love letters, WORDS CAN AMOUNT TO AN ASSAULT
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Tuberville v Savage (1669)
"If it were not a size-time, i would not take such language from you" - WORDS CAN NEGATE AN ASSAULT
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Battery
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DPP v K (1990) - Indirect battery -
Student stole acid, put it in hand dryer, sprayed into kid's face.
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Bermudez (2003) - Battery via omission -
Policewoman searched defendant for needles, said he had none, but she got stabbed by one. Duty be creation of a danger
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S47 (ABH)
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Chan Fook (1994)
basically fell out of window, panic + fear not psychological harm, PSYCHOLOGICAL INJURY CAN AMOUNT TO ABH BUT MUST BE MORE THAN MERE EMOTIONS
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DPP v Smith (2006):
Hair cutting, hair cutting can amount to ABH
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S18 and S20 GBH
Bollom (2003) - GBH injuries -
*Cuts and bruises on partner's baby. Injuries not serious enough to be GBH, changed to ABH. AGE IS A RELEVANT FACTOR WHEN ASSESSING INJURIES.
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Dica (2004) -GBH injuries-
D knew he was HIV positive, had unprotected sex with 2 women, BIOLOGICAL GBH CLASSES AS REALLY SERIOUS HARM.
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Eisenhower (EYEsenhower) (1984) -Wounding-
Shot V with an air gun, resulted in bleeding internally in the eye, INTERNAL BLEEDING IS NOT CLASSED AS A WOUND
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Parmenter (1991)
Threw his baby up in the air (had drunk alcohol), caught it wrong and caused GBH. No intention
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Morrison (1989) - intention to resist arrest -
Dived through a window pane, dragging police officer with him
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Property Offences
Theft
McPherson - Appropriation -
Whiskey bottles in shopping bag, caught before checkout
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Lawrence (1972) - Appropriation -
Italian man got a taxi, tricked, APPROPRIATION CAN TAKE PLACE NOTWITHSTANDING THE CONSENT OF THE OWNER
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Oxford and Moss (1979) -Property-
Took an exam paper to cheat with, INFORMATION CONTAINED IN AN EXAM PAPER DOES NOT AMOUNT TO INTANGIBLE PROPERTY.
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Turner (1971) Belonging to another
Stole his own car, garage had possession, ownership and control
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Davidge v Bunnett (1984) - legal obligation to return money (s5(4))-
Spent money for bills on presents, money given for specific purpose, so was property belonging to another, had a legal obligation to pay the bills
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Gilks (1972) - legal obligation (s5(4))-
*Placed a bet on a horse called Fighting Scott, however Fighting Taffy won, accidentally paid him, knew it was a mistake,
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Holden (1991) -Dishonesty, 2.1.a-
worked for Kwikfit, took tyres thinking that was legally allowed, it wasn't, got away with it because of 2.1.a (believed he was in the right to deprive
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Lloyd (1985 - intent to deprive -
Took cinema reel, had not wholly diminished in value, so not permanently deprived
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Velumyl (1989) -intent to deprive -
Company director took money, didn't give back the EXACT NOTES AND COINS that he took.
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Robbery
Corcoran v Anderton (1980) Theft
Appropriation despite not having full control of the bag, TOUCHING PROPERTY IS SUFFICIENT TO AMOUNT TO AN APPROPRIATION
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Robinson (1977) -Theft-
Owed £7, fight, picked up £5 off floor, allowed because had an honest belief he was entitled to the money.
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Dawson and James -Force-
Nudged and jostled to pickpocket, enough to modify V's movement
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Clouden (1987) -Force-
Wrenched a shopping bag from a woman's hands, didn't physically touch her but it modified her movement.
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Bentham (2005) -Force-
Put his finger in his pocket pretending it was a gun, threatened force, irrelevant that the gun wasn't real.
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Hale (1979): Timing
Broke into woman's home, took jewellery, tied her up afterwards, not immediately at the time of theft but still in the building, so a continuing act.
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Donaghy (1981) Purpose
Threatened taxi driver to take him to london stole some money, threat was not to steal, it was an afterthought.
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Burgalry
Walkington (1979) Building
D entered a department store, went behind the till, entered PART OF A BUILDING, S9.1.a
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Stevens & Gourlay (1859) Building
Building comprises a structure of considerable size intended to be permanent or at least to endure for a considerable time.
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Ryan (1996) Entry
D got stuck because he's silly, said there had been no effective entry, but ANY INSERTION OF D'S BODY counts
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Judicial Precedent
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Wagon Mound
Decisions from the Privy Council
Boat leaked oil, set on fire, privy council said that D will be responsible for damage reasonably forseeable.
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Re S
Ratio
If both mother and unborn baby are at risk, court can demand a c-section without the mother's consent
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Actus Reus
Omissions
Pittwood (1902) - Contractual Duties -
Employed by railway company to man the gate at a level crossing. Lifted the gate to allow a cart to pass + went to lunch without putting it back down. Later, a train driver collided with a horse and killed the driver. Liable for his death.
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Adomako (1994) Contractual Duties
Anaesthetist who didn't check oxygen pipe, patient died. Failed his contractual duty to monitor the oxygen
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Dytham (1979) Public Duties
Off duty police officer stood by and watched as bouncers kicked a man to death
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Stone and Dobinson (1977) Acceptance of care
D's accepted the care of their anorexic elderly sister,failed to fulfil it.
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Gibbins and Proctor (1918) Duty via relationship
D and his wife failed to feed 7y/o child (Nelly), who died from starvation. Woman liable since she had a duty to feed the child
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Miller (1983) Creation of a danger
D had been drinking, fell asleep with a lit cigarette, woke up to discover a fire, but went into another room and went back to sleep
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Bland (1993) Termination of care/termination of a duty
On life support after the Hillsborough disaster, doctors not liable by omission for turning it off.
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Causation
White (1910) Factual causation
D poisoned his mother's drink, but she died of a heart attack before she could drink it, so but for D's actions she would have died, making him not factually responsible.
Pagett (1983) Legal causation
*Used pregnant girlfriend as a human shield in a shootout with the police - but the police didn't have legal causation, he did.
Blaue (1975) Eggshell conditions
Jehovas witness refused blood transfusion, but this eggshell condition didn't break causation
Human Rights
Article 6
Stansbury v Troy Holdings (2003)
A lay member of the tribunal had fallen asleep and had been in a drunken state.
B&P v UK (2002)
The procedures in English law which provided for privacy for proceedings involving children did not in general infringe the human right to family life, nor the right to a public hearing.
Article 5
Gillan v Metropolis Police (2006)
The defendants said that stop and search powers were too wide, and infringed their human rights. Each had been stopped when innocently attending demonstrations in London, and had been effectively detained for about twenty minutes or more before being allowed to continue.
Appeals failed. The authorisation had been considered and proportionate to the threat
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Pinochet Case (2000)
Concerns an attempt by the Government of Spain to extradite Senator Pinochet from this country to stand trial in Spain for human rights violations committed (primarily in Chile) during the period when Senator Pinochet was head of state in Chile.
Was trying to claim that because of his position, he should have been immune, though this was irrelevant.
Moreover, one of the judges hearing his case was a member of Amnesty International, harming the fair trial.
