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All cases Flashcards

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1
Q

Literal rule

A

LNER v Berriman, Fatal accidents Act 1846

DPP v Cheeseman, Town and police clauses ACT 1847

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2
Q

Golden rule

A

Narrow: R v Allen, Offences against the person Act 1861
Broad: Adler v George, Official secrets Act 1920

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3
Q

Mischief rule

A

Smith v Hughes, Street offences Act 1959

Royal college of nursing (RCN) v DHSS, Abortions Act 1967

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4
Q

Purposive approach

A

Jones v TBC, Race relations Act 1976

R v RG ex parte smith, Adoption Act 1976

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5
Q

Ejusdem generis (same kind)

A

Powell v KPR co, Betting Act

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6
Q

Expressio unius est exclusio alterius (explicit mention of one thing)

A

Inhabitants of Sedgeley

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7
Q

Noscitur a sociis (known by its associates)

A

Pengelly v BP co

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8
Q

factual causation

A

R v Pagett, R v White

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9
Q

Legal causation

A

R v Smith, R v Jordan

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10
Q

thin skull rule

A

R v Blaue

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11
Q

Victims own actions

A

R v Roberts, R v Williams

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12
Q

De minimus

A

R v Cheshire

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13
Q

transferred malice

A

R v Latimer, R v Pembliton

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14
Q

Duty of contract

A

R v Pittwood

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15
Q

Duty arising from a relationship

A

R v Gibbins + Proctor

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16
Q

Duty from voluntary assumption of care

A

R v Stone + Dobinson

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17
Q

Duty arising from public office

A

R v Dytham

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18
Q

Duty arising from creating a dangerous situation

A

R v Miller, R v Santa Bermudez

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19
Q

Direct intention

A

R v Mohan

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20
Q

Oblique intention

A

R v Woollin

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21
Q

Recklessness

A

R v Cunningham

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22
Q

Voluntary Act definition

A

Bratty

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23
Q

Voluntary Act

A

Hill v Baxter

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24
Q

State of affairs

A

R v Larsonneur, Winzar

25
Q

Coincidence

A

R v Thabo Meli, single act transaction

Fagan v MPC, continuing act

26
Q

Gestures/Actions causing assault

A

Read v Coker

27
Q

Spoken words/silence causing assault

A

R v Ireland

28
Q

Written words

A

R v Constanza

29
Q

Certain things can cancel a threat

A

Tuberville v Savage

30
Q

V can still apprehend even if D can’t use force

A

DPP v Logdon

31
Q

Immediate can also mean near future

A

Smith v CCoW

32
Q

(S)lightest touch

A

R v Thomas

33
Q

Hostile

A

Wilson v Pringle

34
Q

Indirectly e.g. object

A

DPP v K

35
Q

harm cannot be so trivial as to be wholly insignificant

A

R v Chan Fook

36
Q

Injuries affect health or comfort of every day life

A

R v Miller

37
Q

ABH can be cutting hair

A

DPP v Smith

38
Q

ABH can be a short loss of conciousness

A

DPP v T

39
Q

ABH only needs mens rea for assault or battery

A

R v Savage

40
Q

A wound must go through two layers of outer skin

A

JCC v Eisenhower

41
Q

S.20

A

R v Mowatt

42
Q

S.18

A

R v Belfon

43
Q

GBH is really serious harm not life threatening

A

DPP v Smith

44
Q

GBH can be psychiatric

A

R v Burstow

45
Q

GBH can be biological

A

R v Dica

46
Q

GBH can be accumulation of injuries

A

R v Brown and Stratton

47
Q

GBH can factor age, health and frailty

A

R v Bollom

48
Q

GBH can be committed indirectly

A

R v Martin

49
Q

Original Precedent

A

Donoghue v Stevenson

50
Q

Binding

A

Grant v Australian Knitting Mill

51
Q

Persuasive

A

R v R

52
Q

Exceptions for CoA

A

Young v BA co

53
Q

criminal overruling

A

R v Shivpuri overruled Anderton v Ryan

54
Q

civil overruling

A

Pepper v Hart overruled Davis v Johnson

55
Q

Civil distinguishing

A

Merritt v Merritt distinguished Balfour v Balfour

56
Q

Criminal reversing

A

R v Hasan

57
Q

Appeal against conviction

A

R v George

58
Q

Appeal against sentence case(s)

A

R v Herbert and R v Philpott

Law (20 decks)

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