Criminal Cases Flashcards
Which case establishes factual cause?
R v Pagett
Which case establishes legal cause?
R v Kimsey
Which case establishes intervening acts?
R v Pagett
Which case explores a victims own unreasonable act breaking the chain of causation?
R v Kennedy
Which case explores state of affairs and absolute liability?
R v Larsonneur
Which case explores omissions?
R v Gibbins and Procter
Which case explores transferred malice?
R v Gnango
Which case explores malice aforethought?
R v Cunningham
Which case explores oblique intent/foresight of consequences?
R v Woollin
Which case shows you cannot kill someone who is dead?
R v White
Which case explores abnormality in mental functioning?
R v Byrne
Which case explores what substantially impairs means?
R v Lloyd
Which case explores how D’s mental state provides explanation for their actions?
R v Gold
Which case shows intoxication alone cannot be a defense for murder?
R v Dowds
Which case shows ADS to be a recognised medical condition?
R v Woods
Which case shows that D must intend to commit the unlawful act?
DPP v Newbury and Jones
Which case shows the unlawful act must be a crime?
R v Lamb
Which case shows that an unlawful act cannot be a civil wrong?
R v Franklin
Which case shows that an unlawful act cannot be an omission?
R v Lowe
Which case establishes the objective test for a dangerous act?
R v Church
Which case explores the definition of “some harm”
R v JM and SM
Which case outlines the criteria for loss of control?
R v Jewell
Which case shows that D must fear violence from V against themselves or another identified person?
R v Ward
Which case shows that the “things said or done” must be extremely grave?
R v Zebedee
Which case shows that sexual infidelity cannot be a qualifying trigger?
R v Dawes
Which case shows that voluntary intoxication must not be taken into account in loss of control?
R v Asmelash
What case forms the basis of the defence of insanity?
R v M’Naghten
Which case shows defect of reason? (insanity)
R v Clarke
Which case outlines disease of the mind? (insanity)
R v Kemp
Which case shows an internal factor? (insanity)
R v Quick
Which case shows not knowing nature and quality? (insanity)
R v Oye
Which case shows not knowing something is legally wrong? (insanity)
R v Windle
Which case defines Automatism?
Bratty
Which case shows an external cause? (automatism)
Hay v Butterworth
Which case shows that it must be no fault of the defendant? (automatism)
Attorney General’s ref no.2 of 1992
Which case shows that an automatic state caused by drink or illegal drugs is recklessness?
R v Coley
Which case shows that not knowing your actions will lead to an automatic state is pure automatism?
R v Hardie
Which case defined gross negligence manslaughter?
R v Broughton
Which case shows the mens rea for gross negligence manslaughter?
R v Bateman
Which case shows the principles of the actus reus for gross negligence manslaughter?
R v Adomako
Which case shows duty of care for gross negligence manslaughter?
R v Litchfield
Which case shows a breach of duty for gross negligence manslaughter?
R v Evans
Which case shows “serious and obvious risk of death” for gross negligence manslaughter?
R v Rose
Which case shows the risk must be reasonably foreseeable for gross negligence manslaughter?
R v Rudling
Which case shows there must be “more than minimal” negligence for gross negligence manslaughter?
R v Broughton
Which case defined technical assault?
R v Nelson
Which case shows the mens rea for technical assault?
R v Light
Which case shows that verbal cues can show there will be no technical assault?
Tuberville v Savage
Which case shows the actus reus for technical assault?
Smith v CS of Woking Police Station
Which case defined battery?
R v Ireland
Which case shows the mens rea for battery?
DPP v Santana-Bermudez
Which case shows battery can be through act or omission?
DPP v K
Which case shows unlawful force? (battery)
A v UK
Which case shows the mens rea for S47 ABH?
R v Roberts
Which case shows the actus reus for S47 ABH and defines ABH?
Miller
Which case defined GBH?
DPP v Smith
Which case defines what “inflict” means?
R v Lewis
Which case shows the mens rea for S20 GBH?
R v Cunningham
Which case defined “intent” and shows it’s needed for the mens rea of S18 GBH?
R v Morrison
Which case defines “appropriation” for theft?
R v Vinall
Which case shows knowledge cannot be property?
Oxford V Moss
Which case shows “belonging to another” for theft?
R v Webster
Which case shows misguided consent in theft?
Lawrence v Comm Met Police
Which case shows gift giving obtained through dishonesty is theft?
R v Hinks
Which case shows when appropriation take place?
R v Atakpu and Abrahams
Which case shows “under obligation” for theft?
R v Hall
Which case shows what it means to be in possession of or control for theft?
R v Turner
Which case shows what to do if you receive items by mistake in theft?
R v Webster
Which case shows “dishonesty” in theft?
R v Barton and Booth
Which case shows that if D thought the theft was okay, it cannot be theft?
R v Small
Which case shows “intent to permanently deprive?
R v Velumyl
Which case shows conditional intent? (theft)
R v Easom
Which case shows you need a completed theft for robbery?
R v Waters
Which case shows you must use force for a robbery?
R v Clouden
Which case shows seeking to put fear of force is enough for robbery?
B and R v DPP
Which case shows force must “facilitate” a theft for robbery?
R v Lockley
Which case shows the amount of force used for robbery may not be substantial?
R v Clouden
Which case shows it is NOT theft if there’s no obligation to return the item if a mistake is made?
R v Gilks
Which case shows it is NOT theft if you cannot find the owner?
R v Barton and Booth
Which case shows that “entry” doesn’t need to be substantial, as long as there is a trespass?
R v Ryan
Which case shows that a “building” can also include outhouses and sheds?
R v Rodmell
Which case shows that if it has wheels and can be moved it is NOT a building?
Norfolk Constabulary v Seekings
Which case shows that D may only have permission for part of a building?
R v Walkington
Which case shows that you cannot be a trespasser if you have permission?
R v Collins
Which case shows going beyond permissions in trespassing?
R v Smith and Jones
Which case defines Self-Defence?
Beckford
Which case outlines “reasonable force” for self defence?
R v Hussain
Which case shows “reasonable force” in householder cases?
Collins v Sec State for Justice
Which case shows that mistaken use of force is viable if D truly believed it was necessary?
R v Gladstone Williams
Which case shows that D is not under a duty to retreat?
R v Bird
Which case shows that pre-emptive force is fine to prevent a crime being committed?
Attorney Gen’s Ref 2 of 1983
Which case shows duress by threat?
Whelan
Which case shows duress by threat CANNOT be used for a murder charge?
R v Gotts
Which case shows what kind of threat must be present for duress by threat?
R v Valderrama-Vega
Which case shows the two stage test for duress by threat?
R v Graham
Which case shows the subjective element of duress by threat?
R v Martin
Which case shows that certain characteristics must also be taken into account?
R v Bowen
Which case shows that there must be no avenue of safe escape, including via police protection?
R v Hudson and Taylor
Which case shows the criteria for how an action becomes duress?
R v Abdul-Hussain
Which case shows that the threat must be a SPECIFIC offence for duress?
R v Cole
Which case shows self induced duress (ie joining a gang)?
R v Sharp
Which case shows duress of circumstance?
R v Willer
Which case outlines the criteria for consent?
R v Slingsby
Which case shows that consent will usually be a viable defence if the action takes place in the privacy of D’s own home?
R v Wilson
Which case shows implied consent (ie in sports)?
R v Barnes
Which case shows consent must be full, not based on deception?
R v Tabassum
Which case shows that there is no consent if V is not aware of the risks (ie STD transmission)
R v Dica
Which case shows that if mistaken belief of consent is a genuine mistake, there is a defence.
R v Aitken
