Criminal Law Case List
Week 2: Analysing Criminal Law
Blameworthiness / fault
Case Issues Facts Judgment
B v DPP [2000] 2 Boy asked girl for sexual favour on bus
AC 428
R v G [2008] Boy had sex with girl claiming she had
UKHL 37 consented and told him she was above 14
Human Rights Act / European Convention on Human Rights
Case Issues Facts Judgment
Barnfather v Strict liability Mother charged because child was not
Islington attending school
Education
Authority [2003]
1 WLR 2318;
[2003] EWHC
418
,R v Lambert
[2001] 3 WLR
206
SW & CR v UK
(1996) 21 EHRR
363
MC v Bulgaria
(2005) 40 EHRR
20
R v H [2002] 1 Cr
App R 7
R v Rimmington
and Goldstein
[2006] 1 Cr App
R 17
, Week 3: Conduct / Actus Reus
Voluntariness
Case Issues Facts Judgment
Larsonneur The appellant, a French subject, went to the Appeal dismissed.
(1933) 24 Cr. Irish Free State on the date on which she was The appellant had committed the offence under the Aliens
App. R 74 required to depart from the United Kingdom. Order 1920:
An order for her deportation from the Irish
Free State was made by the executive ● By being found in the United Kingdom on a day after
authorities of that country, and she was
the day limited by the condition of her passport, she
subsequently brought back and handed over
was deemed to be an alien whose landing had been
to the police of the United Kingdom, by whom
prohibited by the Secretary of State.
she was detained.
She was convicted for “being an alien to ● The circumstances in which she returned to the
whom leave to land in the United Kingdom United Kingdom are immaterial.
has been refused was found in the United
Kingdom”.
Omissions
Case Issues Facts Judgment
R v Evans [2009] Omission; Conduct; The appellant (E) had bought heroin and Appeal dismissed.
EWCA Crim 650 Duty to act; Jury handed some to her half-sister, who self- a) The existence of a duty of care is a question of law for the
directions; administered the drug. E did not call for judge: the question whether the facts establish the existence
Manslaughter by gross medical assistance when her half-sister of the duty is for the jury.
negligence; Duty looked as if she had taken an overdose.
, theory; Duty by The victim’s mother was convicted for gross
● However, the mis-direction did not render the
creation of danger; negligence manslaughter on the basis that she
Relationship duty was the mother of the victim. conviction unsafe
The appellant (E) appealed against a b) The appellant had a duty of care arising not out of her
conviction for manslaughter by gross familial relationship nor from her actions in seeking to care
negligence. for Carly, but from her supplying the heroin.
● She had created a dangerous situation and failed to
take action to reduce the risk.
R v Miller [1983] Omission; Conduct; The appellant (Miller), had fallen asleep with Appeal dismissed
2 AC 161 Arson; Duty theory; a lit cigarette, and woke up to find the While the initial act of the appellant was unintentional, he
Duty by creation of mattress on fire. had later become aware of the risk created
danger He did not make an effort to put out the fire,
and merely moved to another room instead. ● At the moment of awareness, it was within his power
The appellant was charged with the offence of to take steps to prevent damage to the property at
arson contrary to s. 1(1) and (3) of the risk
Criminal Damage Act 1971. ● He failed to take action, constituting recklessness
● Lord Diplock adopted the ‘duty theory’ of Professor J
C Smith
Fagan v Assault; Mens rea; A police constable directed the defendant Held, dismissing the appeal (Bridge J. dissenting) that
Commissioner of Actus reus; driver to park his vehicle at a precise space (1) Battery could be inflicted through the medium of a
Metropolitan Unintentional against the kerb, whereupon the defendant weapon or instrument controlled by the action of the
Police [1969] 1 assault/battery; drove his car on to the police constable’s foot. offender
QB 439 Omission; Continuing After the latter had repeated several times,
act (2) It was not necessary for the mens rea to be present at
"Get off my foot!" the defendant reversed the the inception of the actus reus: it could be superimposed
car off the constable's foot. The defendant on an existing act provided it was a continuing act
was convicted by justices of assaulting a
police constable in the execution of his duty. ● The defendant's act in mounting the policeman's foot
Fagan was initially convicted by magistrates with his car was an unintentional battery, which his
Week 2: Analysing Criminal Law
Blameworthiness / fault
Case Issues Facts Judgment
B v DPP [2000] 2 Boy asked girl for sexual favour on bus
AC 428
R v G [2008] Boy had sex with girl claiming she had
UKHL 37 consented and told him she was above 14
Human Rights Act / European Convention on Human Rights
Case Issues Facts Judgment
Barnfather v Strict liability Mother charged because child was not
Islington attending school
Education
Authority [2003]
1 WLR 2318;
[2003] EWHC
418
,R v Lambert
[2001] 3 WLR
206
SW & CR v UK
(1996) 21 EHRR
363
MC v Bulgaria
(2005) 40 EHRR
20
R v H [2002] 1 Cr
App R 7
R v Rimmington
and Goldstein
[2006] 1 Cr App
R 17
, Week 3: Conduct / Actus Reus
Voluntariness
Case Issues Facts Judgment
Larsonneur The appellant, a French subject, went to the Appeal dismissed.
(1933) 24 Cr. Irish Free State on the date on which she was The appellant had committed the offence under the Aliens
App. R 74 required to depart from the United Kingdom. Order 1920:
An order for her deportation from the Irish
Free State was made by the executive ● By being found in the United Kingdom on a day after
authorities of that country, and she was
the day limited by the condition of her passport, she
subsequently brought back and handed over
was deemed to be an alien whose landing had been
to the police of the United Kingdom, by whom
prohibited by the Secretary of State.
she was detained.
She was convicted for “being an alien to ● The circumstances in which she returned to the
whom leave to land in the United Kingdom United Kingdom are immaterial.
has been refused was found in the United
Kingdom”.
Omissions
Case Issues Facts Judgment
R v Evans [2009] Omission; Conduct; The appellant (E) had bought heroin and Appeal dismissed.
EWCA Crim 650 Duty to act; Jury handed some to her half-sister, who self- a) The existence of a duty of care is a question of law for the
directions; administered the drug. E did not call for judge: the question whether the facts establish the existence
Manslaughter by gross medical assistance when her half-sister of the duty is for the jury.
negligence; Duty looked as if she had taken an overdose.
, theory; Duty by The victim’s mother was convicted for gross
● However, the mis-direction did not render the
creation of danger; negligence manslaughter on the basis that she
Relationship duty was the mother of the victim. conviction unsafe
The appellant (E) appealed against a b) The appellant had a duty of care arising not out of her
conviction for manslaughter by gross familial relationship nor from her actions in seeking to care
negligence. for Carly, but from her supplying the heroin.
● She had created a dangerous situation and failed to
take action to reduce the risk.
R v Miller [1983] Omission; Conduct; The appellant (Miller), had fallen asleep with Appeal dismissed
2 AC 161 Arson; Duty theory; a lit cigarette, and woke up to find the While the initial act of the appellant was unintentional, he
Duty by creation of mattress on fire. had later become aware of the risk created
danger He did not make an effort to put out the fire,
and merely moved to another room instead. ● At the moment of awareness, it was within his power
The appellant was charged with the offence of to take steps to prevent damage to the property at
arson contrary to s. 1(1) and (3) of the risk
Criminal Damage Act 1971. ● He failed to take action, constituting recklessness
● Lord Diplock adopted the ‘duty theory’ of Professor J
C Smith
Fagan v Assault; Mens rea; A police constable directed the defendant Held, dismissing the appeal (Bridge J. dissenting) that
Commissioner of Actus reus; driver to park his vehicle at a precise space (1) Battery could be inflicted through the medium of a
Metropolitan Unintentional against the kerb, whereupon the defendant weapon or instrument controlled by the action of the
Police [1969] 1 assault/battery; drove his car on to the police constable’s foot. offender
QB 439 Omission; Continuing After the latter had repeated several times,
act (2) It was not necessary for the mens rea to be present at
"Get off my foot!" the defendant reversed the the inception of the actus reus: it could be superimposed
car off the constable's foot. The defendant on an existing act provided it was a continuing act
was convicted by justices of assaulting a
police constable in the execution of his duty. ● The defendant's act in mounting the policeman's foot
Fagan was initially convicted by magistrates with his car was an unintentional battery, which his
