Cases Flashcards
What happened in M’Naughten?
Defendant killed the secretary to the prime minister, believing that he was being persecuted
What is the M’Naghten test?
That the accused was labouring under such a defect of the mind, from disease of the mind
What happened in re A (children) (conjoined twins: surgical separation)?
Mary the weaker twin was killing Jodie and it was decided that the separation was lawful
Defence of necessity
What happened in Ghosh?
The defendant was a surgeon who claimed payment for work others had carried out.
Theft
What happened in R v Gnango?
Two people firing shots at each other killed an innocent person. SC ruled aided and abetted
What happened in r v lemon, r v gay news ltd?
The appellants printed a blasphemous poem and illustration of Jesus engaging in homosexual acts. It was found no mens rea necessary. Strict liability
What happened in r v Rai?
The council installed a downstairs bathroom for his elderly mother. He did not infirm them of her death. Guilty of obtaining services by deception
What happened in mcdavitt?
He was not guilty if making off without payment as he did not leave the restaurant
DPP v Majewski
Appellant was on drugs and drunk. Assaulted bar landlord and police. Condition is reckless and forms mens rea for assault
