CRIMINAL LAW CASES
Name & Date Facts Issue Law Held
Kennedy D and V living hostel. V asked D drugs. D V’s self-injection intervening House of Lords V fully informed, consenting
(No.2)(2007) prepared heroin for V. V self-injected. V act? distinguished. adult. Freely, voluntarily self-
died – choking vomit. D convicted Unlawful manslaughter Criminal law to respect administered drugs –
unlawful act manslaughter, appealed. conviction properly have free will, treat V, adult intervening act. Chain of
been based. of sound mind. causation broken. D’s
conviction overturned.
Williams (2011) D driving dual carriageway, V stepped Appeal – offence not Court of Appeal Appeal dismissed. Conviction
into road, killed. D not speeding, not committed without proof overruled. upheld. Offence – strict
driving recklessly. 2 witnesses – fault causing death. No liability, fault in causing
impossible avoid hitting V. D – no licence, insurance – fault, not death no required. Sufficient
license/insurance. Convicted – causing cause death. Driving – – driving cause of death, not
death driving without licence – S3ZB Road minimal, V’s action causing need substantial cause.
Traffic Act 1988. death.
Airedale NHS Hillsborough stadium disaster. Patient vegetative state, not Distinction between Treatment V receiving – not
Trust v Bland V (17) injured Hillsborough disaster – withhold/consent treatment. Positive act and best interests. Not lawful
(1993) vegetative state 2 years. Doctors remove Doctors act best interest omission. Illustrative of cause, accelerate death.
V’s feeding tube. Decision appealed patient. difficulty, separating Lawful withhold treatment.
House of Lords. two things Appeal dismissed.
Gibbons & Ds dating. D2 let D1 daughter starve. Argued allowing child die – Actus reus omission – Ds – guilty. Murder – failure
Proctor (1918) Omission – murder. omission, not constitute act Special relationship. act circumstances duty of
Ds charged V’s murder. of killing. Actus reus of D2 legal duty over D1’s care V imposed D. Court –
murder committed via daughter. Omission – self-evident duty look after
omission. murder child. Calculated, deliberate
starving someone death –
constituting killing.
Name & Date Facts Issue Law Held
Kennedy D and V living hostel. V asked D drugs. D V’s self-injection intervening House of Lords V fully informed, consenting
(No.2)(2007) prepared heroin for V. V self-injected. V act? distinguished. adult. Freely, voluntarily self-
died – choking vomit. D convicted Unlawful manslaughter Criminal law to respect administered drugs –
unlawful act manslaughter, appealed. conviction properly have free will, treat V, adult intervening act. Chain of
been based. of sound mind. causation broken. D’s
conviction overturned.
Williams (2011) D driving dual carriageway, V stepped Appeal – offence not Court of Appeal Appeal dismissed. Conviction
into road, killed. D not speeding, not committed without proof overruled. upheld. Offence – strict
driving recklessly. 2 witnesses – fault causing death. No liability, fault in causing
impossible avoid hitting V. D – no licence, insurance – fault, not death no required. Sufficient
license/insurance. Convicted – causing cause death. Driving – – driving cause of death, not
death driving without licence – S3ZB Road minimal, V’s action causing need substantial cause.
Traffic Act 1988. death.
Airedale NHS Hillsborough stadium disaster. Patient vegetative state, not Distinction between Treatment V receiving – not
Trust v Bland V (17) injured Hillsborough disaster – withhold/consent treatment. Positive act and best interests. Not lawful
(1993) vegetative state 2 years. Doctors remove Doctors act best interest omission. Illustrative of cause, accelerate death.
V’s feeding tube. Decision appealed patient. difficulty, separating Lawful withhold treatment.
House of Lords. two things Appeal dismissed.
Gibbons & Ds dating. D2 let D1 daughter starve. Argued allowing child die – Actus reus omission – Ds – guilty. Murder – failure
Proctor (1918) Omission – murder. omission, not constitute act Special relationship. act circumstances duty of
Ds charged V’s murder. of killing. Actus reus of D2 legal duty over D1’s care V imposed D. Court –
murder committed via daughter. Omission – self-evident duty look after
omission. murder child. Calculated, deliberate
starving someone death –
constituting killing.
