Criminal Law - Seminar 4 - FT208 by Claire Turner

1. Den set out to kill Vin by tampering with the brakes of Vin's motorbike. While riding the bike, Vin was killed in a collision with a car which pulled out from a junction. Misjudging the speed at which Vin was approaching, the car pulled straight onto the road and into his path, giving him no time to brake. There is evidence that the brakes would have failed if full pressure had been applied to the brake lever but that Vin had not attempted to do so.

claire43 — 2022-10-18 08:30:57 UTC

But for - Factual Causation - car pulling out caused the accident not the brakes (R v White)

Legal causation - R v Smith - Operating and substantial cause - brakes were not the substantial cause of death.

2. D was driving without a licence or insurance when a pedestrian stepped out in front of their car and was killed. The pedestrian was to blame for the accident and there was nothing D could have done to avoid it. D was charged under the Road Traffic Act, which provides that a person commits an offence if 'being unlicensed, uninsured or disqualified, he causes the death of another person by driving a motor vehicle on the road'

claire43 — 2022-10-18 08:32:50 UTC

R v Hughes requires fault to be liable for death of a victim on a de minimis principle

3. Dev throws a brick out of his upstairs bedroom window as he has lost his temper with the builders who have been making a mess whilst renovating his house. The brick hits one of the builders, Viv, and kills him instantly. Unbeknownst to Dev, Viv had a bone condition which made his bones vulnerable to breakage and died from a fractured skull from being hit on the head.

claire43 — 2022-10-18 08:34:36 UTC

But for being hit on the head he wouldn't have suffered the injury.

Legal causation - more than de minimis (Kimsey) - Smith - operating and substantial. Chain of causation - hasn't been broken by the condition (Blaue)

4. Vic is in an abusive relationship with Dominic. One night, Dominic comes into their bedroom and threatens Vic with violence. She is terrified and jumps out of the window and breaks her arm. She is taken to hospital where the doctor fails to see the complexity of the break. Her arm is not set properly. It fails to heal and Vic dies from the resulting infection. Evidence established that the doctor had not fully examined Vic as the hospital was busy that evening.

claire43 — 2022-10-18 08:36:47 UTC

Factual causation - but for him threatening her she wouldn't have jumped out of the window (R v White)

Legal causation - victim's actions of jumping. Defence - unreasonably unforeseen to jump out of a window - was it 'daft' (Roberts)

P - by attacking her, her decision wasn't free, deliberate and informed (Kennedy No. 2). Could argue he decision to jump wasn't voluntary because of the 'extreme circumstances'. with which she was faced (Wallace). May need information on how high the window was.

Medical treatment - Dr - failed not full examine her. Prosecution - Cheshire - wasn't extraordinary negligence. Smith - the negligence has to be so overwhelming so that original wound is part of history.

Application - the doctor was treating the arm so is not background fact.

Defence - Jordan - palpably wrong.

5. D has taken V hostage. He has a gun which he has fired at armed police who have surrounded his house. D tries to escape, using V as a shield. it is dark outside and visibility is poor. As D leaves an armed police officers fires at him but the bullet strikes V. She dies. D is charged with murder but claims the police killed V - is he correct?

claire43 — 2022-10-18 08:38:55 UTC

Deliah and Valentine were young models who shared a flat. Deliah was not being booked for work and was very jealous of the amount of work Valentine was getting. After a particularly disappointing casting, Deliah waited for Valentine to return to the flat and then threw a bottle of cleaning bleach over her face. She was left severely disfigured and suffering with with devastating physical and psychological impacts. Six months after the attack she committed suicide. The CPS is now considering charging Deliah in connection with the death of Valentine. Advise them.

claire43 — 2022-10-18 08:41:35 UTC

Link to Prezi

claire43 — 2022-10-18 08:43:53 UTC

R v Wallace

claire43 — 2022-10-18 08:48:25 UTC

R v Hughes

claire43 — 2025-10-15 08:02:57 UTC