AQA Law Unit 3 Cases

Law Unit 3 Cases

Non fatal offences:

Assault
R v Ireland - (silent phone calls)
R v Constanza - (letters from stalker)
R v Venna - attacking police in confusion
R v Lamb - not assault when the V knows the gun pointed at them isn't isn't loaded
Turberville V Savage - not assault as D said “if judge wasn't there he would do something” - no threat as he said he wasn't going to do anything

Battery
R v Santana Bermudez - Omission (needles in pocket)
R v Haystead - battery on a dropped baby
R v Thomas - touching woman skirt amounted to Battery
Collins v Wilcock - officer held arm unlawfully as no arrest  and woman was free to go

ABH
R v Chan-Fook - Psychological harm (student jumped out of window after being accused of stealing a ring)
R v Roberts - Intention to harm is not necessary (jumped from car)
R v Savage - Intention to harm is not necessary (beer glass dropped on head)
R v Miller - set fire to mattress
DPP v Smith - cutting substantial amount of hair is enough for ABH
T v DPP - short loss of consciousness enough for ABH

GBH S.20
R v Brown and Stratton - (father beat up his transgender son and caused a
JCC v Eisenhower - not convicted as wounding was not inflicted
R v Wood - collar bone was broken but as skin was intact it was not GBH
R v Dica - transmission of HIV without consent enough for GBH
R v Burstow - amount of psychiatric harm resulted in GBH

GBH S.18
R v Belfom - (D slashed V with a razor blade and intended it).
R v Morrison - PO grabbed arm of D who jumped through window dragging PO with him. Cuts on PO GBH.

Murder:

“Unlawful killing of a reasonable creature in being and under the Queen’s peace” through an act, or omission (if the D had a duty of care).

Omission
R v Miller - Chain of events
R v Pittwood - Contractual duty
R v Dytham - Public Duty
R v Stone and Dobinson - Assumed responsibility
R v Gibbons and Proctor - Relationship duty

Causation
R v White - Factual Causation (cyanide drink)
R v Pagett - Factual Causation (pregnant girlfriend as shield)
R v Marjoram - Victims Own Act (jumped from hostel window)
R v Roberts - Victims Own Act (jumped from car)
R v Smith - Medical treatment (soldiers)
R v Cheshire - Medical Treatment (tracheostomy)
R v Jordan - Medical Treatment (breaking the chain of causation)
R v Kimsey - More than a slight or trifling link but does not have to be main cause of death.
R v Blaue - Thin skull rule

Mens Rea of murder is:
 “Malice aforethought, express (intention) or implied (intention to cause GBH).”

Malice aforethought
R v Hancock and Shankland - not murder as no foresight of consequences
R v Nedrick - D foresaw what…