Actus Reus
Factual Causation
White – son tried to kill his mother by giving her a glass of poison. However, before she could take it she died from heart failure. He was charged with attempted murder not murder. ‘but-for’ test applied.
Pagett – it is for the judge to direct the jury with the relevant principles of law as to whether a causal link has been established for causation.
Legal Causation
Jordan - medical treatment not novus actus inteveniens unless it is palpably wrong
Smith – medical treatment given was palpably wrong. Guilty
Cheshire – negligent treatment by doctor will not exclude the liability of the defendant if the treatment was a direct consequence of the defendant’s act and the contribution of the defendant’s acts were still significant at the time of death
Mellor – only if the medical treatment was a potent cause of death and independent of the defendant’s actions would it relieve him of responsibility
Intention
Steane
Gillick - doctor prescribed girl with contraception pill against her mother’s consent an she claimed he was aiding and abetting unlawful sexual intercourse. Court said he was not and was not guilty.
Foresight and Intent
Woolin – foresight and virtual certainty of death and serious injury
Subjective Recklessness
Cunningham – prosecution must prove that the defendant either intended or foresaw that the particular kind of harm might result and went on to take the risk of it.
Objective recklessness
Caldwell – a person was reckless for failing to consider a risk that would have been obvious to a reasonable person.
Elliot – where Caldwell recklessness sufficed, it was not necessary for the prosecution to prove that the accused was aware of the risk in question and unnecessary that the defendant would have been and could have been aware of the risk had he stopped to think about it.
Move towards subjectivism
Savage and Parmenter – mens rea of s20 offence - defendant intended and foresaw the risk of some harm, not necessarily serious harm
Adomako – manslaughterr by gross negligence includes reckless manslaughter
Homicide
Unlawful Killing
Williams and Beckford- mistaken genuine belief in facts, which if true, would justify self- defence is an excuse to a crime of personal violence because the belief negatives the intent to act
legislation and case law QUESTIONS 1. The case study references one state statute. Identify it and explain what it prohibits. The state statute is the Tex. Penal Code 42.09(a)(3) It prohibits the “desecration of a venerable object” (Case Study) 2. Which branch of government (executive, judicial, or legislative) created the state statute? The Legislative branch of the government created the state statute. 3. The passage above also discusses one court case. Who were the parties involved in the case? The parties…
Mark v Citic (NEGLIGENCE PHYSICAL HARM) Issue : Can Mark’s wife sue Citic for negligence? Rules & Application : Modern law of negligence was leaded by the case of Donoghue v Stevenson where The House of Lords provided 3 elements of a negligence action: duty, breach, damage. 1. Did Citic owe Mark a duty of care? Reasonable Foreseeable Test Citic employed Mark as its employee and it is reasonably forseeable that Citic ensure a safe work evironment. If Citic did not tell Mark about the tobron that could…
incorrectly, Mr Maclean will have an economic loss. It was also just and reasonable to impose the liability because Mr Maclean highly relied on Miss Cambridge’s technical skills. Lord Griffiths expressed the premises of a duty of care as follows in the case of Smith v Eric Bush: “only if it is foreseeable that if the advice is negligent the recipient is likely to suffer damage, that there is a sufficient proximate relationship between the parties and that it is just and reasonable to impose the liability”…
The judge read the charges Mr. Chou was being accused of which included break and enter with intent, mischief under $50, and fail to comply with probation. The judge then explained to him his rights and options to a trial where the onus would be on the crown to prove guilt, and asked him if he was sure that he wanted to plea guilty. The crown then proceeded to read the facts of the day of the offence while disclosing that the accused was a heroin addict. The offence took place on Feb 18th the accused…
United States v. Days Inns of Am., Inc., 22 F. Supp. 2d 612 (E.D. Ky. 1998) In this case, the plaintiff is Federal government and the defendant is Days Inn of American Corporation. The defendant got the lawsuit because they fall to design and construct the disable accessible facility when connect the new construction or alternations. In generally, the plaintiff wants to win just need to demonstrate three categories things. First is demonstrated there is unequal treatment for individuals disable;…
ended 30 June 2013. ISSUE: The main issue to consider with this case is whether the loss of licence insurance payment $250,000, long service leave payment $30,000 and the loss of income insurance payments $60,000 are assessable income? LAWS: S 6 -‐ 1(1) ITAA 1997 Assessable Income = Ordinary income + Statutory…
Case Study Samuel J. Edwards BHR 3565, Employment Law Student ID: 199396 In the case of Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints v. Amos 483 U.S. 327 (1987), an employee was terminated from his job as a janitor in a church-owned gym and brought suit for religious discrimination under Title VII. The U.S. Supreme Court held that applying the religious exemption to Title VII’s prohibition against religious discrimination in employment to secular nonprofit…
Contract Law Cases (Making an Offer) Partridge v Crittenden The defendant advertised birds for sale. He was charged with unlawfully offering birds for sale which contradicts with the Protection of BIrds Act 1954. The defendant was not guilty as in his advert he didn’t make an offer but an invitation to treat. Carlill v The Carbolic Smoke Ball company The defendant was offering a smoke ball which he claimed that it treated many illnesses including the flu. In his advert the defendant claimed…
Chapter 2 Working With The Tax Law Individual Income Taxes 1 2 Statutory Sources of Tax Law (slide 1 of 2) • Internal Revenue Code – Codification of the Federal tax law provisions in a logical sequence – Have had three codes: • 1939, 1954, 1986 3 Statutory Sources of Tax Law (slide 2 of 2) • Example of Code Citation: § 32(f)(5)(B)(ii)(I) § = Abbreviation for “Section” – – – – – – 32 = section number (f) = subsection (5) = paragraph designation (B) = subparagraph designation (ii) = Clause…
