Cases - Offences Against the Person
|
Case Name |
Key piece of information |
|
Mohan |
Main aim of the D based on the evidence was the consequence of the crime = direct intent, eg ,murder |
|
Nedrick |
Indirect intention to kill cannot be inferred by jury unless it was a VC based on the evidence and D appreciated this. |
|
Vickers |
Intention cause GBh which results in death automatically becomes an intention to kill = implied malice. |
|
Beckford |
D will not have unlawfully killed the V even if he has a mistaken belief as to the use of force, as long at the unreasonable force is an instinctive reaction based on an honest belief. |
|
Woolin |
Jury must find indirect intention if on the evidence death was VC and D appreciated this. |
|
White |
Factual causation is satisfied if But for D’s actions the V would not have died. |
|
Malchareck and Steel |
A reasonable creature in being stops existing once the V is brain dead. Switching off the life support machine does not break the chain of causation. |
|
AG Ref No3 1994 |
A reasonable creature in being starts as a human being when they can breathe unaided. |
|
Blaue |
Unlawful killing includes taking your V’s physical and metaphysical beliefs as you find them, even though D may not be aware of religious beliefs of V. |
|
Kimsey |
Substantial cause of death means more than a minimal cause, or more than slight or trifling. |
|
Smith1961 |
D must be the substantial and operating cause of death to prove he legally caused death. |
|
Matthews and Alleyne |
The Woollin test is a rule of evidence that the jury don’t have to follow when working out if D had indirect intention kill. |
|
Hayward |
You must take your V as you find them including any unknown physical conditions. |
|
Pretty |
Even though Pretty’s husband would be killing wife as she wanted this as a mercy killing he would get the same mandatory life sentence as a serial killer. |
|
Martin |
Unlawful killing – Excessive force will be an unlawful killing where D has planned the attack and is no longer in danger. |
|
Sutcliffe |
Mandatory life sentence is fair to mass murderers. |
