Case Law

Stabbed his estranged wife. She did not die immediately and was operatedin hospital. She lapsed into a coma from losing so much blood and was put onlife support. A couple of days later, there was no functioning brain activityand so she was brain dead. Life support machine shut off. Trial for murder andfound guilty.

D tore gas meter from the wall in ashared cellar to steal money. He did not turn off the gas and partiallysuffocated his mother in law. The intention to kill or cause serious harm. Pre meditationis not a requirement.

Middle aged woman who killed her mother. Victim was 73 and was sufferingfrom very poor health. Douglas had looked after her for several years anddecided she couldn’t do it. Was found guilty even after appeal.

'Providedthere was a loss of control it does not matter whether the loss was sudden ornot. A reaction to circumstances of extreme gravity may be delayed. Differentindividuals in different situations do not react identically, not respondimmediately.'

Accused and victim were at a party. Victim head-butted D’s brother. D lostcontrol and hit the victim with a pickaxe handle. Ward guilty of manslaughter.

OriginallyADS, aspergers syndrome, battered woman syndrome, epilepsy, depression, Othellosyndrome, paranoia, PMS, psychopathy, psychosis, spd and schizophrenia wereaccepted.

defendant charged with murder. Willet andco-accused stole a van and the owner of the van tried to stop them and was ranover. Court of Appeal quashed conviction and re-tried him on a trial ofmanslaughter with theft as the unlawful act.

In consett. Two defendants visiting a nightclub. Threats of violence were made to the doormen. In doing so the doormensuffered a heart attack and died. They were charged with manslaught

Swas looking after a gun. He was showing off with the gun and it went off. Waspointly directly at Shereka’s neck. Was found guilty on the basis that he hadcreated a dangerous situation.

Randown a pedestrian whilst carrying out a dangerous over taking. Found guiltybecause he was driving the vehicle at the same time.

Dparked his car on a police officer’s foot but did not know that he did so. Whenhe did, he was asked to remove it, he did not do so for several minutes.

two boys were playing with a revolver. Therewere two bullets in but they were not opposite the barrel. The two boysbelieved that this meant it wouldn’t fire. The triggered was pulled and the boywas killed.

1. Two prostitutes asked to get into the car forquestioning. One refused and walked away, the police officer went after her tofigure out her identity. He grabbed her arm and became abusive and scratchedthe police officer. She was convicted of common assault but appealed on thebasis that she was not being arrested and so the police officer should not havegrabbed her arm. The court heard that the officer had committed battery and thedefendant was entitled to free herself on this occasion.

D trying to escape from the police in a car was signalled to stop. He did not do so. A PC jumped onto the car’s bonnet. D drove at high speed, swerving from side to side, until the officer was thrown off and killed. Held: It was clear that he had intended to cause grievous bodily harm, which meant no more and no less than really serious injury.

D, on a road at night, approached a stranger who was sitting resting at the roadside, asked him what the problem was and, when the victim said that there was no problem, D said that he would give him one and punched him in the face. The victim suffered a broken nose and other injuries.

D struggled with the police officers who were arresting him. D fell to the ground and lashed out wildly with his legs, fracturing a bone in the hand of an officer.

D, whilst driving, nearly ran down V. D got out of his car and punched V in the face.

Entry only had to be effective NOT substantial. Mr Brown had put his armthrough the window in order to steal items.

Entered a 25’long, 7’ wide freezer container. This was substantial enough to classify as abuilding.

Corcoran ranup to a woman and grabbed hold of her handbag and tried to get it from her. Shewas stronger than he thought and he could not get the bag so ran off emptyhanded. Found guilty of robbery due to force used.

Dapproached someone who owed his wife money. Demanded the money, punched him andtook £5 from him. Not theft of robbery because he genuinely believes he isentitled to the money and so is notstealing.