Cases & Statutes Flashcards
Death occurs at brainstem death.
Malcharek & Steele - a doctor turning off life support isn’t a cause of death
Murder can be an omission.
Gibbins & Proctor
A foetus isn’t a human in being so can’t be murdered, unless it is injured in the womb, birthed and then dies.
Attorney General’s Reference (No.3 of 1994) (1997)
All intentional killing is unlawful.
Inglis
Killing enemies in war is illegal if they are no threat.
Marine A
Murder must have factual causation.
Marine A
Act of D has to be more than a minimal cause of death.
Smith
D intended to kill V, is expressed malice.
Mohan
D intended to do a GBH but instead killed V, is implied malice.
Vickers
Death a virtual certainty.
Decided by Woollin test, outcome virtually certain, D knew this - Matthes & Alleyne
Defence of diminished repsonibilty.
s2 Homicide Act 1957
Abnormality of mental functioning is ‘behaving in a way that ordinary people would say is abnormal’
Byrne
Depression is a recognised medical condition.
Seers
Schizophrenia is a recognised medical condition.
Simcox
Sever PMT is a recognised medical condition.
Reynolds
Paranoia is a recognised medical condition.
Marine A
Battered spouse syndrome is a recognised medical condition.
Aluwahlia
Grief adjustment syndrome is a recognised medical condition.
Dietschmann
Acute voluntary intoxication is not a recognised medical condition.
Dowds
AMF provides an explanation for the killing.
Zebedee
When there is intoxication the jury ignores it.
Dietschmann
Defence of loss of control,
s54 Coroners and Justice Act 2009
Fear of serious violence is a qualifying trigger for loss of control.
Ward
Having a justifiable sense of being seriously wronged is a qualifying trigger for loss of control.
Zebedee
Infidelity is not a qualifying trigger for loss of control.
Clinton
Voluntary intoxication is not considered in for loss of control.
Asmalesh
Solicitors can be sued for contract and negligence.
White V Jones
Barristers can be sued for negligence.
Hall V Simons
Judges can’t hear cases where they have a personal interest.
Pinochet
Decisions made in arbitration can be appealed to the KBD.
s68 Arbitration Act 1996
Case stated appeals can go to the supreme court.
C V DPP
Some cases can leap-frog the Court of Appeal.
R (Miller) V Prime Minister
For UAM D must have committed a criminal act not a tort
Franklin
Lamb
For UAM must be a postivie act.
Lowe
For UAM the unlawful act must be objectively dangerous.
Church test
Fear not enough for UAM.
Dawson
For UAM some harm must be foreseeable.
JM & SM
For UAM factual causation is decided with the but for test.
White
For UAM legal causation must be more than a minimal cause of death but not the only.
Kimsey
For UAM D must have the MR for the unlawful act.
Newbury V Jones.
Elements of GNM.
Given in Adamako, explained in Broughton.
Duty of Care: landlord-tenant.
Singh
Duty of Care: doctor-patient.
Adamako
Duty of Care: parent-child.
Evans
Duty of Care: Captain-crew.
Litchfield
Criminals still owe each other a duty of care.
Wacker
Breach of duty for GNM can be omission.
Evans
For GNM, there must be a risk of death not just injury.
Misra
For GNM, a possibility of death isn’t enough.
Rose
Created the defence of insanity.
M’Naghten
For insanity, there must be more than just forgetfulness, absentmindedness or confusion./
Clarke
A disease of the mind is physical or mental.
Kemp
Epilepsy is a disease of the mind.
Sullivan
Sleepwalking is a disease of the mind.
Burgess
A disease of the mind must have an internal cause.
Hennessy
Not knowing the nature of their act can be delusional states
Codere
For insanity, Knowing the nature of their act but not that it was wrong, is legally wrong not morally.
Windle.
For insanity, knowing an act is wrong and being unable to stop it isn’t allowed.
Byrne
Automatism is an act done by the muscles without any control by the mind.
Bratty
For automatism, D must have a complete loss of control.
AG’s ref. No.2 (1992)
For automatism, a blow to head is external.
Bratty
For automatism, a swarm of bees is an external factor.
Hill V Baxter
For automatism, PTSD is external.
R V T
For automatism, a sneezing fit is external.
Whoolley
Automatism can’t be self-induced.
Clarke
Automatism can be taking medication and having an adverse reaction.
Bailey
When automatism is self-induced the intoxication rules apply.
Coley
Alcohol is a recognised intoxicant.
Majewski
Recreational drugs are recognised intoxicant
Majewski
Prescription drugs are recognised intoxicant
Hardie
Intoxication must be so strong that their is a complete absence of MR.
Beard
Drunken intent is still intent.
Sheehan & Moore
For intoxication, there has to be no MR not just a loss of inhibitions.
Kingston
Taking soporific drugs for the right reasons is involuntary intoxication.
Hardie
Choosing to consume is voluntary intoxication
Majewski.
Choosing to consume without knowing the strength is voluntary intoxication
Allan
Drinking for Dutch Courage is voluntary intoxication
Gallagher
Intoxicaiton is a defence to all specific intent crimes.
Beard
Intoxicated mistakes about self-defence is no defence
O’Grady
Intoxicated mistakes about criminal damage if D believes that the owner would have consented is a full defence.
Jaggard V Dickinson.
Manslaughter is a basic intent crime/.
Lipman
s20 and s47 are basic intent crimes.
Majewski
Rape is a basic intent crime.
Fotheringham.
Murder is a specific intent crime.
Beard
Consent can be expressed verbally or in writing.
Locke
Consent can be given if a genuine mistake is made about implied consent.
Aitken
Consent is invalid if given through fraud.
Tabassum
Consent is invalid if given through fear.
Olugjoba
Consent is invalid if given by someone without capacity.
Burrell & Harmer
Consent is invalid if it is not informed.
Dica
Consent is available for assaults and batteries.
Collins V Wilcock
Consent can be available for involuntary manslaughter.
Slingsby
For consent, horseplay cannot be hostile.
DDP V P
Solicitors can be sued in contract and negligence.
White V Jones
Barristers can be sued for negligence.
Hall V Simons
Judges can’t hear cases with a personal interest.
Pinochet
Arbitration agreements can be enforced by the court.
s68 Arbitration Act 1996
D must have permission to appeal to Court of Appeal.
Criminal Appeal Act 1995
5 aims of sentencing set out.
s148 Criminal Justice Act 2003
Mandatory life sentence for a second serious sexual assault or violent crime.
LASPO 2012
Qualifications to be a juror.
Juries Act 1974
Jurors’ criminal records can be checked
Mason
Array can be challenged if unrepresentative
Romford (Essex)
Jury can’t be challenged for lack of ethnic diversity.
Ford
Jury’s verdict independent from judge.
Penn & Mead
Juror’s don’t have to say how they reached their verdict.
Young
Juries can be nobbled (shouldn’t be)
Twomey
Jurors shouldn’t research a case, often use social media
Karayaka
If AR is involuntary it often isn’t a crime
Hill V Baxter
State of Affairs crimes can be done involuntarily
Larsonneur