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Criminal Law Flashcards

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1
Q

hill v baxter

A

tells us the guilty act must be voluntary

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2
Q

r v stone

A

d’s omission was criminal because they had assumed a duty to act when they start looking after v. their omission to get help formed the actus reus of manslughter

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3
Q

r v miller

A

d’s omission was criminal because d in setting fire to the matress had set in motion a chain of events and so had a duty to act to put the fire out his omission to do this formed the acts reus.

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4
Q

r v larsonneur

A

all that was required for the actus reus was the state of affairs of d being drunk in the highway it didnt matter how d got there.

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5
Q

fagan v mpc

A

d had the actus reus when the mens rea arried and so there was coincidence

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6
Q

r v cunningham

A

reckless refers to the idea that the defendant must realise there is a risk of the prohibited outcome occuring

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7
Q

r v mohan

A

direct intent is defined as the defendant having the aim or desire to bring about the prohibited consequence

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8
Q

r v adamako

A

gross negligence defined as where the defendents conduct departed from the proper standard of care expected

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9
Q

r v pemblington

A

mens rea cannot be transferred between crimes of a different type

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10
Q

lemon v gay

A

blasphemy is an example of strict liability common law offence

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11
Q

pharmeceutical society of great britain v storkwain

A

was guilty of strict liablity because d had commited the actus reus of supplying drugs without prescription

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12
Q

sweet v parsley

A

courts are deciding whether or not an offence is one of strict liability and the stutute is unclear the starting point is that is presumed to require mens rea

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13
Q

r v benge

A

illustrates the point that d can be the legal cause of the outcome even if other causes exist aswell

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14
Q

r v hughes

A

conduct must be more than minimal cause of the prohibited outcome (legal causation)

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15
Q

r v smith

A

more than minimal cause

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16
Q

r v cheshire

A

medical negligence will not break the chain of causation unless it is extrordinary and unusual and renders d’s contribution to the outcome as insignificant

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17
Q

r v jordan

A

chain of causation was broken because the initial stab wound by d was healing and the anti biotics had nothing to do with d so could not be said to be more than minimal cause of v’s death

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18
Q

r v white

A

factual causation but for test

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19
Q

smith v superintendent of woking police

A

apprehend means that v must have a general awarness of violence

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20
Q

dpp v ramos

A

in order for v to apprehend immediate unlawful violence physical action is not needed it can be caused by threats

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21
Q

r v ireland

A

silent phone calls also can ammount to immediate unlawful violnece

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22
Q

r v savage

A

the mens rea required for assult is intention or recklessness to cause v to apprehend immediate unlawful violence

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23
Q

dpp v taylor

A

in this context abh the term assault refers to common assault

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24
Q

r v donovan

A

abh is defined as any hurt or injury calculated to intefere with the health or comfort of the victim. such hurt or injury need not be permenant but must be more than merely transcient and trifling

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25
Q

dpp v smith

A

cutting of hair also amounts to gbh

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26
Q

r v roberts

A

the mens rea required for abh is intention or recklessness for the initial assault or battery d need not intend or risk the harm v suffers

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27
Q

moriarty v brooks

A

a wound is defined as a break to the continuity of the skin e.g the second layer of the skin

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28
Q

r v burstow

A

gbh can be caused where no physical violence is applied to v at all and that gbh can be psychiatric in nature

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29
Q

r v dica

A

gbh can be biological in nature

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30
Q

r v belfon

A

d must intend to cause serious harm

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31
Q

r v malcherek and steele

A

doctors turning of life support when v was already brain dead was a lawful killing

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32
Q

r v blackman

A

killing under the kings peace for example in battle would not constitute murder

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33
Q

r v vickers

A

implied malice means that d has the intention to cause v really serious harm and v dies

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33
Q

r v wood

A

a recognised medical condition is battered wives syndrome

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34
Q

r v byrne

A

abnormality of functioning as a state of mind so different from that of an ordinary human being that the reasonable man would term it abnormal

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35
Q

r v golds

A

substaintially impaired means an important or weighty impairment rather than one merely passing the trivial

36
Q

r v dietschmann

A

when d is suffering abnormality of mental fuctioning and intoxication the jury must disregard the intoxication when assessing whether d’s ability to do one of three things was impaired

37
Q

r v jewell

A

loss of control was defined as a loss of the ability to act in accordance with considered judgment or a loss of normal powers of reasoning

38
Q

r v dawes

A

confirms that the loss of control need not be sudden the jury can take cumulative impact of events into account

39
Q

r v bowyer

A

insults towards girlfriend do not constitute the fear trigger

40
Q

jersey v holley

A

sexual infedelity by itself can not be considered to come under the anger trigger

41
Q

r v mohammed

A

d’s bad temper cannot be taken into account for the anger trigger

42
Q

r v lamb

A

lacked any mens rea so had not commited an unlawful ac t under an accident

43
Q

dpp v newbury jones

A

unlawful act can be a property crime

44
Q

r v lowe

A

the unlawful act cannot be an omission

45
Q

r v church

A

defines a dangerous act as one which all sober and reasonable people would inevitably recognise must subject the other person to the risk of some harm

46
Q

r v watson

A

burgalry was dangerous because the reasonable person would deem burgling a house would pose some harm to an elderly frail occupant

47
Q

r v dawson

A

the act was not dangerous the risk posed by robbing a night counter at a garage was one of emotional disturbance not a risk of some harm

48
Q

r v kennedy

A

the unlawful act of supplying drugs to a victim is not deemed the cause of death them intaking them breaks the chain of causation

49
Q

r v broughton

A

their are six elements for gross negligence manslaughter : d owes v a duty of care, d breaches duty, there was a serious and obvious risk of death at the time of the breach, that such risk was reasonably foresseable at the time of the breach, that the breach caused vs death and the negligence is truly exceptionally bad

50
Q

r v ruffel

A

d owed a duty of care as he assumed a duty having promised v’s mother that he would take care of the victim

50
Q

r v batemen

A

gross negligence was defined as such a disregard for the life and safety of others as to amount to a crime against the state deserving punishment

50
Q

r v morris

A

switching price lables was appropriation because the assumption of a right of owner is sufficient

51
Q

r v gomez

A

there was appropriation even though v appeared to consent because the consent was obtained by deception

52
Q

r v welsh

A

a sample of d’s own urine was held to be personal property. this amounted to theft

53
Q

oxford v moss

A

confidential information itself is not property

54
Q

r v turner

A

d’s own property was held to be belonging to another as it was under possession and control of the garage

55
Q

r v robinson

A

no robbery because d was not dishonest and so did not commit theft which is required to commit robbery.

56
Q

dawson v james

A

tells us that force is an ordinary word and this is for the jury to decide

57
Q

b and r v dpp

A

threat of force will be present if the defendent seeks to cause the victim to apprehend violence whether he succeeds or not is irrelevant

58
Q

r v hale

A

force was used immediately before or at the time of the theft can include situations where the force was used just after the theft if the jury decide that the approriation was a continuing act that lasted until force was used.

59
Q

r v clouden

A

force on a shopping bag amounted to force as it affected v’s body

60
Q

r v james

A

d was not guilty of robbery because the force was not used in order to steal

61
Q

dpp v stonehouse

A

for an act to be more than merely prepatory the defendant msut have crossed thew rubicon and burned his boats meaning that acts immediately connected with the offence could constitute an attempt

62
Q

r v gullefer

A

more than merely prepatory means that d has embarked upon the crime proper

63
Q

r v mohan

A

intention in attempts is defined as that the defendant has as his aim or desire the prohibited outcome

64
Q

r v walker

A

oblique intent is also sufficient for an attempt

65
Q

r v beckford

A

force is neccessary in self defence if the defendant genuinely considers the usew of force necessary in the circumstances as he believes them to be even if he is mistaken

66
Q

r v gladstone williams

A

d can still claim self defence even if he strikes first

67
Q

r v harvey

A

when assessing whether the defendants use of force was necessary the jury can take into account the circumstances and the danger that the defendant believs to exist

68
Q

r v clegg

A

claim of self defence failed because he had used excessive force

69
Q

dpp v majewski

A

if d is voluntarily intoxicated and commits a basic intent crime this is no defence as d is reckless in becoming intoxicated

70
Q

r v sheehan and moore

A

defendants culpability was reduced to manslaughter as he was to intoxicated to form the mens rea for murder at all

71
Q

northern ireland v gallagher

A

was guilty as he had formed the necessary intention prior to becoming intoxicated

72
Q

r v hardie

A

if d is involuntarily intoxicated they will be aquitted as long as they have not formed the mens rea prior to the intoxication

73
Q

r v kingston

A

d was guilty despite his involuntarily intoxication because he still had the mens rea prior to the intoxication

74
Q

bratty v ag for ni

A

automatism is defined as an act done by the muscles without control by the mind such as a spasm a reflex action or a convulsion or an act done by a person who is not conscious of what he is doing

75
Q

r v clarke

A

for the purposes of insanity defect of reason means that the defendants powers of reasoning are impaired just being absent minded or confused is not enough

76
Q

r v kemp

A

disease of the mind covers any disease that results in a malfuctioning of the brain whether or not the disease is one we would describe as a mental illness

77
Q

r v quick

A

no disease of the mind as d’s hypogycaemic state was not internally caused rather it was a result of his failure to eat having taken insulin

78
Q

r v windle

A

d could not claim insanity as despite suffering from a form of communicated insanity he knew that what he had done was legally wrong

79
Q

r v baxter

A

an example of an external cause was a person being attacked by bees

80
Q

ag v whelen

A

duress was defined as where threats of immediate death or serious personal violence so great as to the overbear the ordinary powers of human resistance should be accepted as justification for acts whcih would otherwise be criminal

81
Q

r v aikens

A

threats will not be enough to ammount to duress where they fall short of threat of death or serious injury so a threat to punch d would not be enough neither would be threat to property

82
Q

r v shayler

A

the requirement that threat is made to d or someone close to him was interupted as meaning that d could be responsible towards another even where he has no previous connection with that person

83
Q

r v graham

A

graham test defines three elements : the defendant reasonably believed in the circumstances of threat and whether the defendants belief amounted to good cause for his fear and whether the defendants response might have been expected of a sober person of reasonable firmness

84
Q

r v hasan

A

the threat being an immediate one that could not avoid was the cardinal feature of the defence. also clear that the defendants belief as to the immediacy of the threat must be a reasonable

85
Q

r v sharp

A

claim of duress was not allowed as d having been part of a conspiracy to rob had brought the situation upon himself

86
Q

r v shepherd

A

d had joined a gang of shoplifters that was not overtly violent so the defence of duress should be left to the jury to consider

Law (6 decks)

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