Criminal law

Question 1

nullus peona sine lege

Answer 1

no punishment for something not prohibited by law

Question 2

nullus gimen sine lege

Answer 2

no crime without law

Question 3

actus me invito non est meus actus

Answer 3

an act done by me against my will is not my act

Question 4

actus non facit reum nisi mens sit rea

Answer 4

a guilty act in itself does not result in a crime (mens rea+actus reus)

Question 5

R v prince

Answer 5

Man made 14 yr old elope (sec 55- abduction- taken person less than 16 away from guradian’s vicinity). she pretended as if she were 18.
Mala in se- morally +legally wrong act even if not men’s rea
mala prohibite- legally but not morally wrong

Question 6

R v Tolson

Answer 6

husband went to us in 1880. missing for 7 years. woman marries in 1887, appears a month later, alleges bigamy.
1 day sentence served
she contests, pleads no men’s rea
held- men’s rea must be read into every provison

Question 7

sherras vs rutzen

Answer 7

every statute has implied mens rea as an essential act except-
1. cases that aren’t criminal- traffic light violation
2. criminal action to enforce a civil right (e.g. fundamental rights)
3. public nuisance

Question 8

Hobbes vs Winchester Corporation

Answer 8

Every staute must be interpreted literally

Question 9

Brend vs Wood

Answer 9

unless a statute mentions to leave out men’s rea, it shall be included
became a standard

Question 10

State of MH vs MH George

Answer 10

1. smuggler case
2. same as brend vs wood
   3.

Question 11

Prabhat singh vs state of bihar

Answer 11

1. mens rea does not matter in medical negligence.

Question 12

nathulal case

Answer 12

ECA issue- DC- ACQUIT HC- CONVICT SC- ACQUIT (must prove knowldge + intention)

Question 13

R v Hyam

Answer 13

1. test of ordinary reasonable man
2. woman w a vengeance burnt down a house, her target was out but the daughter of the target died. pleaded no mens rea
3. liable because knowledge was present

Question 14

Hari Singh Gaur

Answer 14

discussed knowledge in the context of homicide

Question 15

Dr Suresh Guphtan vs NCT Delhi

Answer 15

1. tort vs crime in negligence
2. medical negligence- gross culpable negligence- considered a crime

Question 16

RV Gribbons vs Proctor

Answer 16

1. nelly (7) died of starvation
2. actus reus (circumstances)

Question 17

Test of forseeability case laws- non actus intervieniens

Answer 17

R v Roberts (laid down the test)
R v Mackie
R v Jordan
R v Holland
R v Blaue

Question 18

Varadarajan v State of Madras

Answer 18

1. almost 18 X asked to come w Y to elope. father complained to police.
2. Not kidnapping as enticement+taking away not present
3. court distinguished between taking someone and allowing someone to go with you

Question 19

sweet v parsley

Answer 19

1. cannibis tenant issue
2. related to strict liability
3. “concerned with the management” imply mens rea
4. true crime and not a regulatory crime

Question 20

R v Kingston

Answer 20

1. committed sexual acts while intoxicated on a 15 year old boy (involuntary intoxication)
2. still had a sense of right or wrong as wouldn’t have done it if not intoxicated
3. not enough to negate mens rea in this specific intent crime

Question 21

test of first act

Answer 21

1. anthony duff
2. stokes case

Question 22

name the various tests

Answer 22

1. test of first act
2. locus poinetintiae
3. test of last act
4. test of proximate acts

Question 23

test of proximate acts was formulated by

Answer 23

stephen

Question 24

locus poinetintiae

Answer 24

1. opportunity to repent
2. malkait singh vs state of Punjab
3. eagleton case

Question 25

abhayanand mishra v state of bihar

Answer 25

1. patna university case 2. deals with attempt

Question 26

malkait singh v state of punjab

Answer 26

1. truck driver paddy case 2. deals w attempt

Question 27

state of mh v mhd. yakub

Answer 27

1. attempt 2. smuggling of silver inglots 3. test of proximity + analysis of circumstances

Question 28

R v Cruise

Answer 28

1. Joint liability recognized for the first time

Question 29

Barendra Kumar Ghosh v Emperor

Answer 29

302 read w s. 34

Question 30

Mehboob Shah v Emperor

Answer 30

1. reed case 2. difference between common intention and same intention 3.

Question 31

matthew v state

Answer 31

1. naxalities 2. sec 149- likely to be used

Question 32

R v Taylor

Answer 32

1. stab wound thing 2. active proceedings in the case of abetment

Question 33

three types of abetment

Answer 33

instigating engaging aiding

Question 34

madan mohan singh v state of gujarat

Answer 34

1. abetment to suicide 2. are harsh words contributory?

Question 35

queen v mohit

Answer 35

1. abetment to do sati

Question 36

ramkumar v state of hp

Answer 36

1. abetment to rape

Question 37

DPP v Woolmington

Answer 37

burden of proof lies on the prosecution

Question 38

vishwanath v state of up

Answer 38

person can protect himself and the body of others

Question 39

mobinparpal jolly v state of punjab

Answer 39

1. revolver and strike

Question 40

amzad khan v state

Question 41

omkarnath singh v up

Question 42

cherubinger v state of bihar

Answer 42

pvt defence

Question 43

r v beard

Question 44

basudev v state of pepsu

Question 45

r v dudley and stephen

Answer 45

necessity

Question 46

state of ap vs venugopal

Answer 46

torture cannot come under "investigation"

Question 47

jageshwar v emperor

Answer 47

accident

Question 48

ulla mahapatra v theking

Answer 48

immaturity

Question 49

r v daniel mcnaughtan

Answer 49

insanity

Question 50

mubarak hussein v state of rajasthan basudev v state of pepsu

Answer 50

voluntary intoxication

Question 51

r v straton

Question 52

bishamba v rumal

Question 53

insanity tests

Answer 53

r v arnold r v ferror r v bowler r v mcnaughten

Question 54

r v arnold

Answer 54

wild beast test of insanity man cut up wife in 178 pieces

Question 55

r v bowler

Answer 55

right and wrong test for insanity

Question 56

r v mcnaughten

Answer 56

followed in india

Question 57

5 prop of mcnaughtan

Answer 57

1. sane until proven insane 2. degree of responsibility until proven otherwise 3. right/ wrong- punishable 4. don't ask medical expert who hasn't seen during offense for opinion 5. acting under delusion- delusion facts to be considered

Question 58

niruthi v state of MH

Answer 58

Devil child case

Question 59

hussain v emperor

Answer 59

wife delusion case

Question 60

essentials of common intention

Answer 60

1. evidentiary 2. read w rule 3. pre-arranged plan 4. act should be committed

Question 61

shankarlal v state of gujarat

Question 62

krishna govind v state of MH

Question 63

PANDURANG v state of hyd

Answer 63

1. diff between common and similar intention 2. unimpeachable 3. meeting of minds

Question 64

rambilal v SO Bihar

Answer 64

5 ppl to attrach this section

Question 65

mahendra singh v state of mp

Answer 65

3 ppl beat up not 5

Question 66

taijuddin v state of assam

Answer 66

1. no common intention