Case Law Flashcards
Outline R v Blaue
Those who use violence must take their victims as they find them
Define R v Cox
Consent must be full, voluntary, fee and informed, freely and voluntarily given by a person in a position to form a rational judgement
What was held in R v Cottle in relation to the burden of proof with insanity
As to degree of proof, it is sufficient is the plea is established to the satisfaction of the jury on a preponderance of probabilities without necessarily excluding all reasonable doubt
What was held in R v Clancy
The best evidence for a child’s place and date of birth will normally be provided by the mother or a person who attended the birth. Production of birth certificate may add to evidence but it was not essential.
Define R v Clark
The decision is insanity is always for the jury and a verdict inconsistent with medical evidence is not necessarily unreasonable.
But if unchallenged medical evidence is supported by surrounding facts, the jury’s verdict must be founded on the evidence which shows on evidence which shows that the accused did not know the act was morally wrong.
R v Codere
The nature and quality of the act means the physical character of the act. It does not involve any consideration of the accused’s moral perception or knowledge of the moral quality of the act.
Eg a person who is cutting a woman’s throat but thinking it is a loaf bread would not know the nature and quality of the act.
R v Codere
The nature and quality of the act means the physical character of the act. It does not involve any consideration of the accused’s moral perception or knowledge of the moral quality of the act.
Eg a person who is cutting a woman’s throat but thinking it is a loaf bread would not know the nature and quality of the act.
R v Desmond
The object must be unlawful and they must know the act is likely to cause death.
The knowledge must accompany the act.
R v Forrest and Forrest
The best evidence possible evidence in the circumstances should be produced by prosecution for the victims age
Explain R v Horry
Death should be proved by the circumstances that render it morally certain and leave no reasonable doubt about the death occurring
R v Harney
Recklessness involves foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of that risk.
R v Harpur
View the conduct cummatively up to the point when the conduct stops.
R v Lipman
Where automatism is brought about by a holy take intake of drugs or alcohol, the court may be reluctant to accept that the actions were involuntary or that they lacked intention
R v Mane
For a person to be an accessory, the offence must be complete at the time of the criminal involvement.
R v Murphy
When proving an attempt, it must be shown that the accused’s intention was to commit the substantive offence.
The act must be sufficiently proximate to the full offence. They must have made a step to the full offence and gone past mere preparation.
