Cases Flashcards

Question

Mohan

Answer 1

Irrelevant whether consequence of attempt is different (PC - drive - off - attempt - ABH)

Answer 2

CONSPIRACY - specified course of conduct | Contingent plan to commit an offence if it was necessary (or possible) was still a plan to commit an offence.

Answer 3

AL Procuring implies causation not consensus Abetting and counselling imply consensus not causation Aiding requires actual assistance but neither consensus nor causation

Answer 4

D must know the type of crime (not the setting) so knowing that the cutting equipment was going to be use for burglary would suffice to establish MR for secondary liability

Answer 5

Foresight of a range of possible offences would be enough, precise nature of the offence is not needed Driver - terrorists - pub

Answer 6

Withdrawal of participation There is no requirement that a persona actually be present at the commission of the crime in order to attract accessorise liability

Answer 7

Communication of withdrawal must be timely and "serve unequivocal notice upon the other party that if he proceeds upon it he does to without further aid and assistance of those who withdraw"

Answer 8

The necessity of communication of withdrawal was waived in relation to spontaneous violence

Answer 9

Situation characterised as a build up of tension culminating in violence rather than a truly spontaneous attack, d who initiated an attack would only be able to withdraw in exception circumstances and must give unequivocal communication to others that he was withdrawing.

Answer 10

Diminished responsibility could cover situations in which D suffered from uncontrollable urged

Answer 11

UDA manslaughter required a criminally unlawful act. In twh absence of AR and MR for common assault being established, there was no unlawful act upon which liability for UDA mans. could be constructed.

Answer 12

UDA manslaughter required a positive act. An omission even a deliberate one will not suffice.

Answer 13

Not enough to that an unlawful act caused death, the unlawful act most be one that "sober and reasonable people would inevitably recognise must subject the other person to the ricks or some (albeit not serious) harm.

Answer 14

Provided that D intentionally does an act which is both unlawful and dangerous, he need not to recognise its dangerousness; there is no requirement that D foresees a risk of harm to other arising from his unlawful act.

Answer 15

Gross negligence manslaughter D's conduct must have departed from the prow or standard of care incumbent upon him. When a person holds themselves out as posses isn't some special knowledge or skill then their conduct will be judged against the reasonably competent in the field.

Answer 16

Common assault Silent calls amount to a form of positive communication Psychological harm

Answer 17

The letter caused an apprehension of violence at some time not excluding immediate future.

Answer 18

Consent was no defence to charges arising from injuries inflicted during sadomasochistis homosexual encounters. It is not in the public interest that the people cause each other injury for no good reason.

Answer 19

What happens between husband and wife in the privacy of the their home should not concern the criminal law. (Consent case) Branding of H's initials on W's buttocks

Answer 20

ABH is harm that is more than merely transient or trifling | S47 OAPA

Answer 21

V locked herself in the bedroom. D started to break down the door so V jumped out of the window to escape. His common assault (breaking down the door caused her to apprehend immediate unlawful violence) so it was held to be the cause of the injuries sustained in the fall.

Answer 22

V jumped out of the moving vehicle because D interfered with V's clothing (battery). Held that D's battery caused the injuries sustained by V in the fall.

Answer 23

Harm to a person's mind that amounts to a recognised medical condition falls within bodily harm

Answer 24

MR of s47 required intention or subj recklessness in relation to common assault or battery only. There was no requirement of intention or foresight in respect of the injury caused by the assault or battery (assault occasioning ABH is called an offence of half MR)

Answer 25

HIV cases: Dica and Konzani - defence of consent will only be available if V gave informed consent, ie in the knowledge of D's HIV status.

Answer 26

S20 OAPA Standard of recklessness is subjective upon what D actually foresaw not what he ought to have foreseen. Foresight of the consequences was required but not foresight of their magnitude. Mowatt - foresight of some harm will suffice. It is easier then go establish recklessness in relation to s 20 than it would be if a pure form of Cunningham recklessness was applied.

Answer 27

Confidential information does not amount to property (theft)

Answer 28

D was held guilty of theft for removing his own car from a garage where it had undergone repair. This was because the garage was in possession of the car so it belonged to them for the purposes of theft.

Answer 29

Tourist, cab, wallet Appropriation Whether the rights of the owner had been assumed and the issue of consent was irrelevant.

Answer 30

Label switching | Assumption of any one of the rights of the owner amounts to appropriation

Answer 31

S3 (1) Possible appropriation despite owner's consent (Cheque case)

Answer 32

Low intelligence - account - transfer Receipt of a gift that among fed to a valid transfer of ownership at civil law could still amount to theft if it was dishonestly induced by D

Answer 33

Property received by mistake - D must make restoration when aware of mistake (else deliberate failure) Case - bug-overpayment - aware - no return - theft

Answer 34

Surgeon - fee - free operation Test: Obj - dishonest according to ordinary standard of reasonable and honest people Subj - did D realise reasonable and honest people regard it as dishonest?

Answer 35

Films - cinema - copied Borrowing would amount to outright taking only where the property was returned in such a changed state that all its goodness and virtue were gone. The partial diminution of value represented by the copying of the films would not suffice despite the reduction in revenue caused by the availability of pirate films.

Answer 36

Fraud Intention to avoid payment temporarily will not suffice. Has to be PERMANENTLY. So D who left the hotel owing a large bill which he genuinely hoped to be able to pay at a later date was not liable.

Answer 37

A person who firms an intention to kill whilst sober and drinks to give himself Dutch courage to do the act, and who then goes on to kill whilst intoxicated, cannot rely on intoxication to avoid liability.

Answer 38

Te effect of intoxication on D's state of mind was only relevant to crimes of specific intent. In crimes of basic intent, D's recklessness in taking drugs/alcohol that rendered his behaviours uncontrolled and unpredictable was in itself sufficient to substitute for MR of the offence

Answer 39

Valium - belief to calm D down - arson | Consumption of non-dangerous drugs would amount to involuntary intoxication, unless the consumption itself was reckless.

Answer 40

D was drugged by another man who also drugged V. Although D's will was weakened by drugs administered without his knowledge, he was still aware of his situation and knew his actions were wrong. As such, he had MR for the offence charged.

Answer 41

Self-defence D tried to stop man attacking another. V was a man detained for robbery. D trying to rely on self-defence. The reasonableness of D'e actions must be judged on the facts as he believed them to be. If D's perception of event had been correct, SD would have been available and he should not Ben deprived of a defence because he was mistaken. Provide the mistake belief was honestly held, it is immaterial that the mistake was not reasonable

Answer 42

Duty to retreat

Answer 43

Pre-emptive force A man about to be attacked does not have to wait for his assailant to strike the first blow or fire the first shot; circumstances may justify a pre-emptive strike.

Answer 44

Duress + Immediacy False statements, trial The issue was not whether the threats could be carried out immediately but whether they were operating on the defendants at the time of the threat. CA recognised that threats were no less powerful because they were not immediately effective.

Answer 45

There must be a link between the threat made and the offence committee. Threat - repayments - 2 armed robberies

Answer 46

Test for duress 1. D was overwhelmed by threats of death or serious bodily harm 2. A sober person of reasonable firmness would have been compelled to offend.

Answer 47

Relevant characteristics to the reasonable man test: | Age, sex, pregnancy, serious physical disability, recognised mental illness/psychiatric conditions

Answer 48

Availability of duress by threats A person who voluntarily joins a gang, knowing of its nature, as an active member cannot avail himself of duress if pressure is put upon him to offend.

Answer 49

Membership of an organised gang is not essential. It is enough that D put himself in the position where he will encounter criminals with a tendency to violence eg by buying drugs from a dealer.

Answer 50

Duress of circumstances D should have a defence as he was wholly driven by the force of circumstances into doing what he did and did not drive the car otherwise that form of compulsion, ie under duress.

Answer 51

D's wife threatened to commit suicide unless he drove their son to school. This provided a defence of duress if circumstances to the charge of driving whilst disqualified.

Answer 52

Coincidence of AR and MR