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criminal law > all cases > Flashcards

all cases Flashcards

1
Q

what is the voluntary intoxication case involving the basic intent crime of assault

A

majewski (lord elwyn jones ‘debauched and destroyed his own will’)

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2
Q

what is the voluntary intoxication case involving murder

A

beard (‘drunkenness rendering the accused incapable of forming such intent’)

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3
Q

what is the case for past intoxication

A

harris (past alcoholism induced hallucinations)

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4
Q

what is the case for dutch courage, intoxication

A

gallagher (whisky + knife)

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5
Q

what is the case for being spiked as involuntary intoxication

A

kingston (spiked pedophile)

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6
Q

what is the case for prescribed drugs involuntary intoxication

A

bailey (insulin + failure to eat)

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7
Q

what is the case for an unexpected reaction to soporific drugs involuntary intox

A

hardie (valium)

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8
Q

what is the case for an intoxicated mistake

A

lipman (LSD)

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9
Q

what are the two cases that created the distinction between BI crimes and SI crimes

A
  • caldwell, recklessness v intent

- heard, ‘purpose’ test

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10
Q

what is the case for oblique intent

A

woolin (baby)

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11
Q

what is the case for recklessness

A

cunningham (gas metre)

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12
Q

what is the case for the continuing act theory

A

Fagan (police officer foot)

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13
Q

what is the case for the transaction theory

A

thabo meli (cliff death)

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14
Q

what is the case for transferred malice

A

saunders (poison apple)

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15
Q

what is the case for contractual duty

A

pitwood (railway)

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16
Q

case for special relationship duty

A

gibbons and proctor (child neglect)

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17
Q

what is the case for voluntary assumed responsibility of another

A

stone and dobinson (elderly sister)

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18
Q

dangerous situation case

A

miller (started fire)

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19
Q

case for statutory duty

A

greener (dog attack)

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20
Q

case for official position duty

A

dytham (misconduct in a public office)

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21
Q

case for factual causation

A

white (unrelated heart attack to poison)

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22
Q

case for legal causation

A

kimsey (more than minimal link)

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23
Q

medical treatment intervening act case

A

jordan (palpably wrong)

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24
Q

victim acting unreasonably intervening act case

A

roberts (jumped out of car to avoid sexual assault)

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25
Q

unreasonable act from third party intervening act case

A

pagget

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26
Q

thin skull rule case

A

blaue (blood transfusion religion)

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27
Q

appropriation case

A

pitham and hehl (another persons possessions stole)

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28
Q

case for consent + appropriation

A

lawrence (taxi)

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29
Q

case for personal property

A

lindslay and kelly ( body parts)

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30
Q

case for proprietary right

A

turner (car garage)

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31
Q

property received by mistake

A

AG’s reference (overpaid)

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32
Q

property received under obligation

A

davidge v bunnet (gas bill v xmas presents)

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33
Q

dishonesty mr for theft case

A

barton and booth (why did d act as they di, compare to standards of ordinary reasonable person)

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34
Q

case for intention to perm deprive mr for theft

A

velumyl (banknotes from office)

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35
Q

what is the case for entry (burglary)

A

collins (rape/ window)

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36
Q

what is the case for effective entry (burglary)

A

brown (effective but not substantial is enoguh)

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37
Q

what is the case for part of a body entering (burglary)

A

ryan (part of body is effective)

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38
Q

case for the term building (burglary)

A

walkington (prohibited areas = building)

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39
Q

case for trespassing (burglary)

A

smith and jones (exceeded permission in father’s house)

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40
Q

what for abnormality of mind for DR

A

byrne (sexual psychopath)

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41
Q

case for rec medical condition for DR

A

aluwhalia (battered woman)

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42
Q

what is the DR case showing the importance of medical evidence

A

Jama

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43
Q

case for substantial impairment for DR

A

Lloyd (approach substantial with common sense. more than trivial degree of importance. not total impairment.)

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44
Q

case for intoxication relating to DR

A

dowds (intox is not DR)

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45
Q

case for intox with rec medical condition for DR

A

Dietschman (depression still caused sub impairment, intox irrelivant)

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46
Q

case for intox with alc dependency disorder

A

stewart (alc dependency disorder caused substantial impairment= valid)

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47
Q

LOC delay case

A

dawes (delay between qual trigger and LOC is okay)

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48
Q

LOC revenge case

A

imbrams and gregory (revenge = invalid)

49
Q

LOC involving planned execution

A

jewell (shot twice)

50
Q

LOC case for fear of serious violence

A

ward (fear for his borther)

51
Q

case for old provocation rule which would not be allowed under LOC

A

doughty (baby crying = provocation)

52
Q

case for break up as things done / said for LOC

A

Hatter (break up of relationship is usually invalid)

53
Q

case that supported LOC rule that sexual infidelity is not a qualifying trigger

54
Q

old prov case which helped in new standard of self control in LOC

A

camplin (sexually assaulted 15yo boy compared with an adult)

55
Q

case for unreasonable force if attacker is running away SD

A

r v hussain and other (s.18 gbh)

56
Q

case for some area of prior fault in self defence

A

Oraki (driving without insurance)

57
Q

case for pre-emptive strikes in SD

A

AG’s reference (shop keeper/ petrol bombs)

58
Q

case for excessive force in SD

A

Martin (crazy farmer)

59
Q

what is the case for mistaken self defence

A

williams and gladstone (punch)

60
Q

what is the case for self induced intoxication and self defence

A

O’grady (intoxication means d cannot rely on mistaken SD)

61
Q

case that outlines the rules for insanity

A

m’naghten

62
Q

case for a defect of reasoning for inanity

A

clarke (absent minded)

63
Q

case for a disease of the mind for insanity

A

kemp (physical affecting the mind)

64
Q

case for d not knowing the nature/ quality of their act or that it was legally wrong for insanity

A

windle (i suppose they will hang me for this)

65
Q

case for total loss of voluntary control for automatism

A

woolley (sneeze fit)

66
Q

main case for external factor for automatism

A

hill v baxter (judge devlin swarm of bees)

67
Q

secondary case for external factor for automatism

A

r v t (rape / dissociative state)

68
Q

case for self induced automatism

A

r v lipman (lsd)

69
Q

what is the case for direct intent

70
Q

case for the definition of assault

71
Q

case for the definition of common assault

72
Q

case for assault involving letters

73
Q

case for assault that is ancient

A

tuberville v savage (if it werent for …, i would do …)

74
Q

what is the case for battery involving a skirt

75
Q

what is the case for battery involving police

76
Q

what is the case that defined injury for abh

77
Q

case involving loss of consciousness for abh

78
Q

case ifor psychiatric injury abh

A

ireland (silent phone calls)

79
Q

what is the case for the AR for s.20 and 18 gbh

80
Q

what is the case for internal bleeding wounds

A

eisenhower (internal bleeding does not count)

81
Q

what is the case for both layers of the skin wounds

A

wood (both layers have to be broken)

82
Q

what is the case tat defined the meaning of gbh

A

saunders (serious harm)

83
Q

what is the case for HIV gbh

84
Q

case for accumulation of injury GBh

A

brown and stratton

85
Q

case for valid consent children

A

burrell v harmer (tattoo)

86
Q

valid consent case involving contraceptive pill

87
Q

what is the consent case involving HIV

88
Q

what is the fraudulent consent case involving a dentist

A

richardson

89
Q

what is the fraudulent consent case involving sexual assault

90
Q

what is the case for the surgery consent exception

A

re: J (circumcision / baby)

91
Q

consent case for sport consent

A

billinghurst (rugby punch)

92
Q

case for horseplay consent

A

jones (schoolboys)

93
Q

sexual acts consent case that was disallowed

A

brown (homo)

94
Q

sexual acts consent case that was allowed

A

wilson (married couple)

95
Q

case for poisoning mother, attempts

96
Q

case for attempted theft greyhound race, attempts

97
Q

attempted murder in a car case

98
Q

backpack filled with knife rope and tape case, attempts

99
Q

case for attempted burglary of a barn case

100
Q

bathtub electric shock attempts case

101
Q

attempted rape case

A

khan and others

102
Q

conditional intention attempts case

103
Q

case for attemtping the impossible where there was no conviction

104
Q

case for attempting the impossible where there was a conviction

105
Q

case for attempting to commit a crime that does not exist

106
Q

Unlawful A M case where no assault meant no unlawful act

A

Lamb, boys playing with gun

107
Q

Unlawful A M case where injecting drugs was an unlawful act

108
Q

UAM cases where omission could not be an unlawful act

A

khan and khan, and lowe

109
Q

case that outlined GNM

109
Q

case that outlined GNM

110
Q

case involving illegal immigrants that disproved the ex turpi causa concept for GNM

111
Q

case for GNM involving special relationship DOC between mother and daughter

112
Q

case that involved landlords DOC for tenants for GNM

113
Q

GNM case ship captain DOC

A

litchfield

114
Q

GNM case that involved doctor prescribing overdose of pain killers

115
Q

GNM case that proved objective test for danger of breach

116
Q

GNM case that outlined MR

117
Q

GNM case that challenged ambiguity of MR

A

Misra and S

criminal law (29 decks)

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