Benham v UK (1966) 22 EHRR 293
- Benham tried by Magistrates court for fine
- Not represented by a lawyer - he was eligible for one
- No fair trial
- Court ruled that his right to a fair trial had been violated
Knuller v DPP [1973] AC 435
- D was director of a company which published magazines
- They contained homosexual practices
- Was sentenced for conspiracy to corrupt public morals
- Appeal was dismissed and conviction upheld
R v Ireland, Burstow [1998] AC 147
- D and Victim were in a short romantic relationship and broke up
- D harassed V leading to psychiatric injury
- S.18/20/47 of OAPA 1861 - bodily harm
- HoL ruled that it sufficed as bodily harm
Chan Fook - ruling
CA ruled ABH could embrace psychiatric injury but implied that the criteria to be recognised as such is that the injury; “must not be so trivial as to be wholly insignificant
R v Chan Fook (1994) 1 WLR 689
- Mr Chan accused the Victim of stealing his fiancé’s ring and hit him multiple times and then locked in in the second floor bedroom
- V sustained serious physical injuries but the prosecution focused on the psychiatric damage
- D convicted under S.47 of OAPA
- CA ruled ABH could be recognised as psychiatric harm
R v R [1992] 1 AC 599
- Wife moved out in 1889 with her son, separated not divorced
- Husband broke into house and attempted to rape her
- Court convicted him on attempted rape S.1 of SOA
- Appealed that marriage gave irrevocable consent but was dismissed and conviction upheld
AG’s Reference (No.2 of 1999) [2000] 3 All ER 182
- Southall train crash, experienced driver however safety devices were turned off
- Going too fast to stop at red light, 7 people died
- Prosecuted on 7 counts of manslaughter
- Guilty mind can be proved by criminality of conduct
- “Evidence of a state of mind is not a prerequisite (condition) to a conviction for manslaughter by gross negligence”
Adomako 4 stage Test
- Duty of care owed to the deceased
- It was breached by the accused (D)
- The breach resulted in death
- The breach can be characterised as gross negligence and therefore a crime
Brown [1994] 1 AC 212
- Group of gay men engaged in sado-masochistic activities and were convicted under s.47 and s.20 OAPA
- Appealed on the defence of consent, however HoL dismissed appeal and upheld conviction as consent is not a defence to s.20/47 OAPA
Brown [1994] 1 AC 212
- Group of gay men engaged in sado-masochistic activities and were convicted under s.47 and s.20 OAPA
- Appealed on the defence of consent, however HoL dismissed appeal and upheld conviction as consent is not a defence to s.20/47 OAPA
R v Wilson [1996] 3 WLR
- Branded initials on wife with her consent
- Sought medical treatment for infection, doctor reported to the police
- Court held that consent was valid and that consensual activity between partners in matrimonial home is not matter for courts
Misra; Srivastava [2005] 1 Cr App Rep 328
- A post operative patient developed an infection which was left untreated
- The infection built up and led to Toxic Shock Syndrome, the patient died
- Both doctors convicted of gross negligence manslaughter using the Adomako test
R v Roberts [1971] EWCA Crim 4
- Young woman accepted a life from D, who tried to assault her in the car
- She jumped out the car and suffered a concussion along with some cuts and bruises
- D was convicted of Actual Bodily Harm under S.47 of OAPA and appeal was dismissed
R v Williams [1992] Crim LR 198
- D picked up hitchhiker who then jumped out of the car and hit his head and died
- Prosecution alleged that D was robbing him and thus his actions led to manslaughter
- Jury convicted and defendant appealed, conviction was quashed as there was no evidence of a lack of threat
R v Broughton [2020]
Watched V take drugs and under the influence of them and did not summon any help, eventually leading to her death
Convicted of death by way of gross negligence manslaughter
R v Wallace [2018]
- D three acid over bf
- V sought euthanasia
Thabo Meli [1954]
- Defendant argued 2 stages & AR/MR didn’t coincide
- Privy council held that both acts were part of overall plan to murder, MR at any point renders them guilty
Thabo Meli [1954]
- Defendant argued 2 stages & AR/MR didn’t coincide
- Privy council held that both acts were part of overall plan to murder, MR at any point renders them guilty
Key cases for Loss of Control defence
- Alhuwalia [1992]
- Humphrey’s [1995]
- Thornton [1996]
R v Asmelash [2013] 1 Cr App R 33
Problems: loss of control and voluntary intoxication
Collins v Wilcock [1984] 3 All ER 374
The fudamental principle, pain and incontestable, is that every persons body is inviolate
Key cases for assault
Constanza [1997] 2 Cr App Rep 492
Logdon v DPP [1976] Crim LR 121
Ireland [1997] 4 All ER 225
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Introduction to Criminal Law16
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Elements of a Crime - Actus Reus28
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Elements of a Crime - Mens Rea28
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Fatal Offences38
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Non Fatal Offences41
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SP - Sexual Offences26
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Participation in Crime36
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Inchoate Offences27
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Property Offences - Theft42
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Property Offences - Robbery & Burglary32
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Property Offences - Criminal damage & Fraud44
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Defences: Justifications, Excuse & Self-defence30
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Defences: Duress, Necessity & Intoxication32
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Key Cases22
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Criminal Law Tests28
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Diminished Responsibility58
