criminal cases Flashcards
factual cause
White
More de minimis
Kimsey, Cato
Blameworthy conduct
Hughes
Thin skull rule:
Pre existing medical condition
Pre existing religious beliefs
Master
Blaue
Fight or flight
Roberts, Majoram
Drug cases
Cato, Kennedy No2
third party
Pagett, R v A
Medical cases
Smith, Cheshire, Jordan
omissions duty to act
Miller
subjective recklessness
Cunningham
objective recklessness
Caldwell
going back to subjective recklessness
R v G
obvious and serious risk of harm
Lawerence
the affect on the mens rea for murder when a foetus is involved
AG Ref No.3 of 1994
direct intention
moloney
lethal dose
R v Inglis
oblique intent
woolin
old defence of provocation
Duffy
loss of control
s54 Coroners and Justice Act 2009
D must lose self control
Jewell
qualifying triggers
S55 Coroners and Justice Act 2009
fear of really serious violence
Dawes
a sense of being serious wronged
Mohammad
hypothetical person might have reacted in the same way
Rejamanski & Gassman, Amelash
diminished responsibility
S2 Homicide Act 1957
Abnormality of mental functioning
Byrne
AMF needs medical expertise
Bunch
intoxication can apply to diminished responsibility
Dowds
substantially impaired
Golds
D has an RMC and was intoxicated
Joyce and Kay
unlawful act manslaughter
Newbury
a civil wrong will not do
Franklin
the unlawful act must be an act not an omission
Lowe
must be subjective mens rea
Andres, Lamb
D’s act must be dangerous
Church
the defendants unlawful act must have caused the death
Goodfellow
gross negligence manslaughter
Adomako
D owes a duty of care to victim
Wacker
breach of duty was so bad that it was criminal
Sellu
serious and obvious risk of harm
Rose
risk of death
Kuddus
assault can be harassment
Constanza
words can constitute as assault
Ireland Burstow
V can be asleep or hit from behind in battery
Nelson
there must be an act for battery
Innes v Wylie
creation of a dangerous situation
Miller
battery committed by omission
Santana Bermudez
indirect battery
Haystead
intention or recklessness in assault and battery
Venna
assault and battery
S39 Criminal and Justice Act 1988
ABH, GBH, Wounding
Offences Against the Person Act 1861
spread of sexual disease
Dica
recognised psychiatric condition in bodily harm
Ireland Burstow
bodily harm involving cutting hair
Smith
bodily harm while unconcious
T v DPP
wounding is breaking the continuity of the whole skin
Moriarty v Brooks, Waltham
GBH really serious harm
Smith
just serious harm
Janjua
likely to affect health and comfort
Donavan
foreseeing the risk
Mowatt
the law of consent for assault assumes touching
Collins v Wilckcock
leading case for consent
Brown
piercing and branding
R v BM
fraudulent consent
Tabussum
consent by duress
Nichol
rape
S1 Sexual Offences Act 2003
consent can be withdrawn during sex
Kaitamaki
consent and intoxication
Bree
conditional consent of a condom
Jullian Assang, F v DPP
lied to a prostitute about paying
Linekar
the first irrebuttable presumption S76
Williams, Flattery, Jheeta, B
lying about a vasectomy
Lawerence
the second irrebuttable presumption
Elbekkay
S75(a) rebuttable presumption
R v Lewis
S75(d) rebuttable presumption
Larter and Castleton
a decision formed by intoxication isn’t a defence to rape
Woods, Fotheringham
touching in the sexual offences act
R v H
theft
S1 Theft Act 1968
appropriation
Hinks, Morris, Gomez, Lawrence v Met Police
Property
Smith, Plummer & Haines
money
Davis
things in action
Preddy, Marshall
human corpses/body parts
Sharpe
information
Oxford and Moss
property belonging to another
Turner
lawful posession
Kelly
abandoned rubbish
Williams v Phillips
abandoned lost golf balls
Rostran and Collinson
property is underneath the land
Waverly
the property is found on employers property
Grafstein v Holme
property is found on land restricted land by a trespasser
Hibbert McKiernan, Woodman
dishonesty
Feely, Gosh, Ivey v Genting Casinos
standard of criminal test of dishonesty
Barton
conditional intent
Easom
taking coins and notes is deprivation
Velumyl
burglary
S9 Theft Act 1968
burglary entry
Collins, Brown, Ryan
entering as a trespasser
Jones and Smith, Walkington
Burglary conditional intent
Attorney General Reference Nos 1 and 2 1979
robbery
S9 Theft Act 1968
robbery requires all areas of theft
Corcoran v Anderton
there must be force in robbery
Dawson, P v DPP, Clouden
the force should be immediately before or at the time of theft
Hale
continuing act of the theft in robbery
James
robbery mens rea
Vinall
Fraud
Fraud act 2006
What is S2 Fraud Act
fraud by false representation
the representation can be words, gesture or conduct
Barnard
the fraud representation must be directly through an agent
Idrees v DPP
there should be implied representations where reasonable
DPP v Ray,
the representation must be false
Cornelius
there must be knowledge of the representation and this includes wilful blindness
Augunas
there must be intention for false representation
Jeevarajah
casual intention is decided by the Jury
Gilbert
must be dishonesty
Ivey v Genting Casinos
section 3 of the fraud act
fraud by failing to disclose information
self defence of property
Criminal Damage Act 1971
Arrest and crime prevention
Criminal Law Act 1967
Householder cases
Crime and Courts Act 2013
new consolidation of self defence
S76 Criminal Justice and Immigration Act 2008
belief in the use of force to defend
Gladstone williams
pre emptive strike
Beckford
a person must use force as reasonable in the circumstances
Owino
reasonable force
Palmer
mental disorders don’t apply
Tony Martin
householder case
Hussain
leading case of duress by threat
Hasan
case that set out the tests for duress by threat
Graham
duress cannot apply to murder
Howe, Lynch, Gotts
the threat must be of serious injury
DPP v Lynch
threat must be directed at D or family
Conway
psychiatric harm doesn’t count as serious injury
Baker
false imprisonment is not injury
Vinh
sexual assault is not injury in duress
Hammond
pain is not injury in duress
Quayle
can be a heresay threat
Brandford
the threat must be from another
Rodger and Rose
threats directed at family
Wright
immedicay in duress
Hudson, Abdul Hussain, Cole
gang association
Harmer, Ali
duress by circumstances main cases
Willer, Conway, Martin, Pommel
