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Criminal Law

Case NameDescription
Melling v Mathghamhna butter smuggling case - must consider moral quality of offence as well as severity of punishment
McLoughlin v Tuite failing to comply with notice to deliver document to Revenue authorities
Gilligan v Criminal Assets Bureau challenged proceeds of crime act
Engels v Netherlands conscript soldiers had to be afforded article 6 guarantees
Clingham v Royal Borough of Kensington and Chelsea ASBOs were civil not criminal
Gough v Chief Constable of Derbyshire footbal banning orders were civil not criminal
Conroy v AG disqualification following DUI conviction not considered part of the punishment for minor v non-minor distinction
King v AG vague offences relating to vagrancy
Dokie v DPP failing to provide immigration paperwork w/o satisfactory explanation
Douglas v DPP offence of causing public scandal and njuring the morals of the community was void for vagueness
Shaw v DPP offence of conspiring to corrupt public morals allowed as it was indictable
Cox v DPP offence of openly, lewdly and obscenely exposing ones person held to be sufficiently precise
Corway v Independent Newspapers constitutional offence of blasphemy too vague
DPP v Forsey presumption that payment to public official are deemed to be corrupt found to be constitutional
Fagan driving car over foot considered a continuing act
Kaitamaki held sexual intercourse to be a continuing act only ending with withdrawal
Thabo Meli victim actually killed by exposure following being put over cliff
R v Miller fell asleep while smoking cigarette
R v Larsonneur French woman brought to the UK by British police charged with being an illegal alien in the UK
Winzar v CC of Kent convicted of being found drunk on the highway following forced removal from hospital
Kilbride v Lake warrant of fitness disappearing from car held not to be within conduct, control or knowledge
CC v Ireland lack of defence of mistake as to age for statutory rape found unconstitutional
R v Paine no obligation to protect a stranger (drinking poison)
Sweeney v Ireland withholding information under section 9 Offences Against State (Amendment) Act found unconstitutional
R v Gibbons and Proctor defendant and common law wife failed to feed man's child who subsequently died of starvation
R v Hood convicted of manslaughter by gross negligence after failing to summon ambulance in time for wife who fell and broke a number of bones
People (DPP) v O'Brien state claimed husband had a duty to protect his wife from attack
R v Instan did not feed sick aunt, or seek medical attention or tell anyone
R v Stone and Dobinson Man and mistress convicted of manslaughter following sister's death
R v Taktak assumed responsibility for prostitute by isolating her from others' assistance
DPP v Santa-Bermudez failure to warn of needle amounted to assault and battery
R v Dytham policeman who stood by while a member of the public was violently assaulted was guilty of wilful misconduct in public office
R v Pittwood railway gatekeeper who failed to shut gate convicted of manslaughter based on contractual duty
Airedale NHS Trust v Bland declaration it was lawful to stop feeding patient in a persistent vegetative state
In Re a Ward of Court true cause of death would not be withrawal of life support, but original injuries sustained
R v White medical evidence showed woman's death was not due to poisoning
People (DPP) v Davis sufficient for injuries caused to be related to death in a more than minimal way
R v Pagett defendant kidnapped woman and used her as a human shield, resulting in death
R v Jordan death not caused by original wound but injection of medicine to which the victim was allergic
R v Smith soldier dropped from stretcher did not break chain of causation
R v Cheshire would only be acquitted if medical staff had been reckless rather than merely incompetent and negligent
People (AG) v McGrath movement of man attacked formed a normal link in the chain between the blow struck and death
R v Malcherek and Steel bizarre to suggest that discontinuing medical treatment be said to have caused death of patient rather than initial injury
R v Blaue woman died after refusing blood transfusion as she was a Jehovah's witness
R v Roberts woman injured following jump from car after being sexually assaulted
R v Hart natural intervention causing death after girl left unconscious on beach was reasonably foreseeable
People (DPP) v Murray charge of capital murder following bank robbery
Hyam v DPP convicted of murder as she knew it was probable setting fire to house would result in GBH
R v Moloney drunkenly dared to pull trigger of gun - outcome must have been foreseen as a virtual certainty
R v Hancock and Shankland taxi driver killed by falling concrete block - probability should be considered
R v Nedrick man poured paraffin through letterbox and set it alight, resulting in death
People (DPP) v Douglas and Hayes must have had intention to kill; reckless disregard of risk not enough - shooting with attempt to murder
Clifford v DPP appeal against conviction of being rowdy with intention to provoke a breach of peace
DPP v Smith applied objective standard to policeman thrown off car and killed - once a reasonable person would have realised their natural and probable consequence was to cause serious injury
R v Steane not enough to show that defendant charged w/broadcasting with intention to assist the enemy knew that his broadcasts were likely to do so
People (DPP) v Hull shotgun discharged at door killed man - must consider natural and probable consequences, and whether presumption had not been rebutted
Cunningham gas meter torn from wall - must have actually foreseen consequences
Caldwell set fire in hotel while drunk - risk would have been obvious to particular accused had they thought of it
Lawrence reckless driving causing death - sufficient that a reasonable man would have seen the risk
Elliot v C (A Minor) intellectually challenged girl convicted of arson
R v G and R two young boys charged w/arson - overruled previous caselaw
People (DPP) v McGrath reckless endangerment - subjective test for recklessness in Ireland
Sweet v Parsley cannabis - wherever a statute is silent as to mens rea, there is a presumption that it exists
Gammon v AG for Hong Kong builder who had deviated from plans in construction of building - strict liability
Reilly v Patwell offence of failing to keep land free of litter one of strict liability
R v Eagleton baker charged w attempting to obtain money fraudulently - no further steps required
The People v Thornton inquiries about poisons that would bring on miscarriage - must go beyond mere preparation
AG v Sullivan midwife had prepared false forms - endorsed proximity approach
R v Campbell attempted bank robbery
R v Geddes attempted false imprisonment
Mason v DPP attempting to drive a vehicle while under the influence
R v Pearman attempted GBH - oblique intention will suffice in England
Haughton v Smith attempted handling of stolen goods legally impossible as police had taken ownership
R v Shivuri attempts related to drugs even though packages did not actually contain such
Capaldi incitement to carry out illegal abortion
R v Most general publication calling for regicide
R v Jones graffiti soliciting underage girls for sex
DPP v Armstrong rang undercover officer asking for child pornography
R v Jones intention inferred re: selling cannabis
R v Parnell conspiring with others to encourage tenants not to pay their rent
R v Saik conditional conspiracy of money laundering still valid
R v Porter convicted despite incomplete knowledge of contents of package
R v Bolton cross-dressers and suspected homosexuals charged with conspiring and inciting people to commit an unnatural offence
People (DPP) v Egan made workshop available to store stolen jewelery
People (DPP) v O'Reilly Irish case - drove getaway care, did not need to be present
AG's Ref (1 of 1975) procured drink driving by spiking drink
R v Calhaem hitman claimed he never intended to carry out murder and panicked - must simply be acting within scope of counselling
People (AG) v Ryan group attacked rival group and one was stabbed - standing around could amount to knowingly giving aid or encouragement
DPP v Jordan and Deagan encouraging cruel treatment of dogs
R v Stringer chased victim who was subsequently killed
R v Clarkson had not intended presence during rape to give encouragement
R v Bainbridge must have knowledge of type of offence
DPP v Maxwell enough that he knew it was one of a range of possible offences
The People (DPP) v Madden victim machine-gunned to death - approved Bainbridge
People (DPP) v Pringle capital murder inferred to be within scope of common design
People (DPP) v Doohan intention to cause serious injury sufficient in common design - 'bit of a battering'
DPP v Rose 'mind the blood' too ambiguous to allow conviction of common design
Becerra saying 'come on let's go' and jumping out window not sufficient withdrawal
Created by: maevb
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