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Law Unit 1 ⚖️ > CASES - Module 3 > Flashcards

CASES - Module 3 Flashcards

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1
Q

R v Deller (1952) 🚗💸

A

Actus reus (lack of) - Deller was charged with obtaining money under false pretenses; the conviction was quashed when it was discovered that he had the mens rea but not the actus reus of the offence

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2
Q

R v Dyson (1908) 👼🏾

A

Actus reus of murder, causation

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3
Q

R v Faulkner (1877) 🛳🕯🔥

A

Mens rea - defendant was convicted for “feloniously, unlawfully and maliciously” setting a ship on fire. He was attempting to steal cargo but accidentally lit a bottle of rum, causing a fire.

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4
Q

Hyam v DPP (1973) 🛢🗞🔥

A

Mens rea, murder

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5
Q

R v Moloney (1985) 🔫⚰️

A

Mens rea (lack of), murder mitigated to manslaughter

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6
Q

R v Pittwood (1902) 🚧🚇

A

Omission based on contractual duty, manslaughter

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7
Q

R v Adomako (1995) 👨🏾‍⚕️⚰️

A

Omission by virtue of holding office/professional responsibility, gross negligence manslaughter

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8
Q

R v Stone & Dobinson (1997) 👫👵🏾

A

Omission based on undertaking to care for another, manslaughter

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9
Q

R v Gibbins & Proctor (1918) 👫👧🏾⚰️

A

Omission by virtue of relationship (parents/persons in loco parentis), murder

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10
Q

R v Miller (1983) 🚬🛌🔥🏚

A

Duty to minimise own act, creating a dangerous situation, objective recklessness

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11
Q

R v Lewis (1970)

A

Consequences of one’s actions - D jumped from a window fearing her attacker A, assault - result foreseeable, causation

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12
Q

R v Paget & Pemberton (1983)

🧔🏾🛡🤰🏾⚰️

A

Consequences of one’s actions, causation, manslaughter

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13
Q

R v Blaue 🚫💉⚰️

A

Consequences of ones actions, thin skull rule, causation (no break in chain of causation), murder

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14
Q

R v Hancock & Shankland

A

Murder mitigated to manslaughter, mens rea (lack of) - probability of consequence, foresight of consequence

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15
Q

R v Nedrick (1986) 🛢📤

A

Muder mitigated to manslaughter, intention, foresight of consequences of actions & virtual certainty (decision of jury)

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16
Q

R v Cunningham (1959)

A

Subjective recklessness

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17
Q

R v Caldwell (1982) 🔥🏨

A

Objective recklessness (NOT applicable to offences against the person)

18
Q

Donoghue v Stevenson (1932) 🍾🐌

A

Negligence, duty of care for personal injury and property damage, neighbour test

19
Q

R v Adomako (1994)

A

Gross negligence (manslaughter)

20
Q

Sweet v Parsley (1970)🍁🏡

A

Blameless inadvertence, strict liability - mens rea aspect will be implied into an offence where there is no indication of the offence being one of strict liability

21
Q

R v McNamara (1988) 🏍📦🍁

A

Blameless inadvertence

22
Q

Alphacell Ltd v Woodward (1972)

A

Strict liability

23
Q

Cundy v Le Cocq 🕺🏾🤮😵🍺

A

Strict liability

24
Q

R v Latimer (1886) 📿🧔🏾👩🏾🤕

A

Transferred malice

25
Q

R v Pembliton (1874)

A

Transferred malice

26
Q

R v Mitchell (1983) 🧔🏾🤬👴🏾👵🏾⚰️

A

Transferred malice, constructive manslaughter

27
Q

R v Malcherek (1981)

A

Murder, causation (turning off life support did not break the chain of causation)

28
Q

R v Ahluwalia (1992)

A

Provocation, diminished responsibility (mitigated murder to manslaughter)

29
Q

R v Thornton (1996)

A

Battered woman syndrome, manslaughter

30
Q

R v Camplin (1978) - locus standi

A

Provocation, reasonable man

31
Q

Rv Church 🚗🍆💦🍑🙎🏾‍♀️🤦🏾‍♂️⚰️

A

Constructive involuntary manslaughter

32
Q

Logdon v DPP (1976)

A

Assault

33
Q

R v Venna (1975)

A

Assault

34
Q

DPP v Majewski (1977)

A

Battery

35
Q

R v Miller (1954)

A

Assault occasioning ABH

36
Q

R v Spratt (1991)

A

Assault occasioning ABH, recklessness

37
Q

DPP v Parmenter

A

GBH to ABH

38
Q

R v Olugjoba (1982)

A

Rape (fear)

39
Q

R v Elbekkay (1995)

A

Rape (fraud)

40
Q

State v Persaud

A

Rape, honest belief of consent

41
Q

DPP v Morgan

A

Rape, honest belief of consent

Law Unit 1 ⚖️ (5 decks)

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