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Scots Criminal Law and Evidence > Cases > Flashcards

Cases Flashcards

Pair case names with their principle

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1
Q

HMA v Robertson and Donoghue

A

Shakey OAP - Thin skull rule

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2
Q

R v White

A

Poisoned Cup - No causal link

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3
Q

McDonald v HMA

A

Jumper - Victim’s contribution

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4
Q

HMA v Kerr and Others

A

Rape Case - Art & Part Liability, Omissions

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5
Q

HMA v Fraser and Rollins

A

Robbery Gone Wrong - Ultimate actus reus

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6
Q

HMA v Gallacher

A

Hamilton Circus - Spontaneous error

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7
Q

Boyne v HMA

A

Surprise Knife - Stepping outside common plan

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8
Q

HMA v Camerons

A

Telegram Fraud Attempt - Preparation to Perpetration

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9
Q

Docherty v Brown

A

Paper Drugs - Impossible attempt

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10
Q

West v HMA

A

Loitering with Tools - Conspiracy

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11
Q

Baxter v HMA

A

Murder Incitement - Enough the accused was serious

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12
Q

Drury v HMA

A

Sexual Infidelity - “wicked intent”, provocation

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13
Q

HMA v Purcell

A

“wicked recklessness” - Murder

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14
Q

Tomney v HMA

A

Lawful act, Involuntary culpable homicide

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15
Q

Roberts v Hamilton

A

Hit Wrongly - Transferred intent

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16
Q

Smart v HMA

A

Consent is no defence to assault

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17
Q

R v Brown

A

Sado-masochism, assault

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18
Q

Stewart v Nisbet

A

Police Tape - Error of consent

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19
Q

HMA v Harris

A

Stairs - Culpable and reckless endangerment/conduct

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20
Q

Black v Carmichael

A

Car Clamp - Temporary appropriation; Extortion

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21
Q

Adcock v Archibald

A

Miner’s Fraud - Even small practical result suffices

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22
Q

Byrne v HMA

A

Burning Paper - reckless fire-raising

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23
Q

Smith v Donnelly

A

Peaceful Breach - Breach of the Peace Definition

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24
Q

Jones v Carnegie; Tallents v Gallacher

A

ECHR Regs - Breach of the Peace

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25
Q

Harris v HMA

A

Police Whispers - Must be public breach of peace

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26
Q

Moorov v HMA

A

“Moorov Doctrine” - Corroboration

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27
Q

Lawrie v Muir

A

Milk Bottles - improperly obtained evidence

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28
Q

Cadder v HMA

A

Right to a lawyer

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29
Q

HMA v Chalmers

A

Right to a lawyer

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30
Q

Davie v Edinburgh Magistrates

A

Expert Info - Expert’s role in court

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31
Q

Sweet v Parsley

A

Tenants Smoking - Strict Liability

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32
Q

Owens v HMA

A

Mistaken Attack - Error must be genuine and reasonable

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33
Q

Brennan v HMA

A

Chosen Drunk - Voluntary intoxication is no defence

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34
Q

Ross v HMA

A

Spiked! - Involuntary intoxication defence (automatism)

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35
Q

Thomson v HMA

A

Forced Exit - Hume Coercion Criteria

36
Q

R v Dudley and Stephens

A

Cannibals - Necessity no excuse for murder

37
Q

Moss v Hurdle

A

Speeding Necessary? - Must be last resort

38
Q

HMA v Anderson

A

Innocent Kill - Exception for necessary murder

39
Q

HMA v Doherty

A

Bayonnet Defence - Imminent danger, reasonable force

40
Q

Fenning v HMA

A

Rock Bash - Cruel excess of violence

41
Q

Thomson v HMA

A

Business Taunts - verbal provocation not sufficient

42
Q

Gillon v HMA

A

Spade Head - Reasonable force

43
Q

Donnelly v HMA

A

Good Samaritan - response to attack on 3rd party

44
Q

Thin skull rule

A

HMA v Robertson and Donoghue

45
Q

No causal link

A

R v White

46
Q

Victim’s contribution

A

McDonald v HMA

47
Q

Art & Part Liability, Omissions

A

HMA v Kerr and Others

48
Q

Ultimate actus reus

A

HMA v Fraser and Rollins

49
Q

Spontaneous coming together; error

A

HMA v Gallacher

50
Q

Stepping outside common plan

A

Boyne v HMA

51
Q

Preparation to Perpetration

A

HMA v Camerons

52
Q

Impossible attempt

A

Docherty v Brown

53
Q

Conspiracy

A

West v HMA

54
Q

Enough the accused was serious

A

Baxter v HMA

55
Q

“wicked intent”, provocation

A

Drury v HMA

56
Q

“wicked recklessness”

A

HMA v Purcell

57
Q

Lawful act, Involuntary culpable homicide

A

Tomney v HMA

58
Q

Transferred intent

A

Roberts v Hamilton

59
Q

Consent is no defence to assault

A

Smart v HMA

60
Q

Sado-masochism, assault

A

R v Brown

61
Q

Error of consent

A

Stewart v Nisbet

62
Q

Culpable and reckless endangerment/conduct

A

HMA v Harris

63
Q

Temporary appropriation; Extortion

A

Black v Carmichael

64
Q

Even a small practical result will suffice

A

Adcock v Archibald

65
Q

Reckless fire-raising

A

Byrne v HMA

66
Q

Breach of the Peace definition

A

Smith v Donnelly

67
Q

Breach of the Peace must be public

A

Harris v HMA

68
Q

ECHR Regs; Breach of the Peace

A

Jones v Carnegie; Tallents v Gallacher

69
Q

“Moorov Doctrine” - Corroboration

A

Moorov v HMA

70
Q

Improperly obtained evidence

A

Lawrie v Muir

71
Q

Right to a lawyer

A

HMA v Chalmers

72
Q

Right to a lawyer

A

Cadder v HMA

73
Q

Expert’s role in court

A

Davie v Edinburgh Magistrates

74
Q

Strict liability

A

Sweet v Parsley

75
Q

Error must be genuine and reasonable

A

Owens v HMA

76
Q

Voluntary intoxication is no defence

A

Brennan v HMA

77
Q

Involuntary intoxication defence (automatism)

A

Ross v HMA

78
Q

Hume Coercion Criteria

A

Thomson v HMA

79
Q

Necessity is no excuse for murder

A

R v Dudley and Stephens

80
Q

Necessity must be last resort

A

Moss v Hurdle

81
Q

Exception for necessity for murder

A

HMA v Anderson

82
Q

Imminent danger, reasonable force

A

HMA v Doherty

83
Q

Cruel excess of violence

A

Fenning v HMA

84
Q

Verbal provocation not sufficient

A

Thomson v HMA

85
Q

Reasonable force

A

Gillon v HMA

86
Q

Response to attack on 3rd party

A

Donnelly v HMA

Scots Criminal Law and Evidence (1 decks)

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