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Criminal Law
| Case Name | Description |
|---|---|
| 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 |
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