Criminal Group- FT203 - Seminar 13 - Jake by Claire Turner https://padlet.com/claire43/j7i03n379bf5 en-us 2018-11-20 12:04:08 UTC 2025-04-24 08:21:03 UTC hello@padlet.com Consider the following facts:Jake had rented a flat above a takeaway shop with his girlfriend Karen and their new baby, Chrissie. The flat was constantly noisy because of the customers who stood outside talking while waiting for their food. Jake had complained to the owner of the building, Ted, who also ran the takeaway, but Ted said he could do nothing about the noise and Jake would have to “live with it”. Both Karen and Jake were often tired because of the noise and from being disturbed by Chrissie’s frequent waking.One night, Jake got up to feed Chrissie. Tired and wanting to go back to bed, he decided to use water from the tap to make up Chrissie’s milk, rather than boiling the kettle and letting the boiled water cool as the health visitor had told them. The next day, Chrissie became very ill with a gastrointestinal condition and died as a result.Consumed by grief, Jake decided to try and address the noise issue himself. He constructed a huge ply-wood sign requesting customers be quieter when queuing and propped it up outside the takeaway. Unfortunately, the sign wasn’t well secured and, when a gust of wind blew, it flew up and hit a customer, Daniel, on the head.Ted came out of the shop to see what had happened, spotted Jake at the flat window and ordered him to come downstairs to explain his actions. Karen said she would go and calm Ted down, but when she reached for the light switch in the staircase she was electrocuted and died immediately. It was discovered later that the electrical wiring was faulty and Jake had asked Ted to call an electrician but Ted had refused.As a result of his head injury Daniel fell unconscious and was rushed to hospital. The hospital was very busy that day and Daniel was left for some time in a corridor awaiting treatment. When the doctor came back to check on Daniel he was found to have died as a result of a blood clot on his brain.Consider Jake and Ted’s criminal liability if any, for involuntary manslaughter. claire43 https://padlet.com/claire43/j7i03n379bf5/wish/1100925506 2021-01-19 12:34:55 UTC https://padlet.com/claire43/j7i03n379bf5/wish/1100925506 Chrissie claire43 https://padlet.com/claire43/j7i03n379bf5/wish/1998413107 Parent owes a duty of care
Breach? reasonable parent do in that position. Prosecution - health visitor had given them advice and therefore new parent would follow that advice. Defence - reasonable parent may think when you are tired as a new parent, it is unlikely to cause your baby harm if you give them water that hasn't been boiled. 
Causation- factual - but-for (White), Legal - operating and substantial cause of the death (Smith) -  Kimsey.
Risk of death - no clear risk of death. Misra; Brown (Uriah), Singh - high risk of death. 
Gross negligence - Bateman; Lord Mackay - Adomako - 'so bad'. ]]> 2022-01-18 16:34:36 UTC https://padlet.com/claire43/j7i03n379bf5/wish/1998413107 Link to Prezi claire43 https://padlet.com/claire43/j7i03n379bf5/wish/1998430831 2022-01-18 16:40:48 UTC https://padlet.com/claire43/j7i03n379bf5/wish/1998430831 Daniel claire43 https://padlet.com/claire43/j7i03n379bf5/wish/1998433662 Duty of care? Foreseeability of harm. proximity of relationship? breach? Reasonable person would have secured the sign if they had known it was windy. Defence - no foreseeability of harm from a light ply wood sign. 
Causation - But for - White - Factual. Legal - operating and substantial cause of the death. Break in causation  - delay? Defence - Jordan - palpably, unlikely succeed - Cheshire; Smith. 
Gross negligence? - No, state of mind - AG Ref No. 2 1999]]> 2022-01-18 16:41:53 UTC https://padlet.com/claire43/j7i03n379bf5/wish/1998433662 Ted claire43 https://padlet.com/claire43/j7i03n379bf5/wish/1998461426 Duty of care - Landlord - Statutory L&T Act 
Breach - refusal - reasonable landlord in that position knowing electrical fault would have called straight away
Causation - established
Risk of death - yes
Gross negligence - yes]]> 2022-01-18 16:52:18 UTC https://padlet.com/claire43/j7i03n379bf5/wish/1998461426