Criminal Law - EXTRA ACADEMICS Flashcards
Who gave examples of indirect intention not likely to convict, including throwing your child from a burning building, hoping they will survive?
Lord Goff
What is the principle of maximum certainty?
Law should be as clear as possible, with only some ambiguity to allow development (OAP allowed development in Burstow and Ireland)
What did Hobhouse argue in Hinks?
Violated legal certainty (RoL) as such heavy reliance on dishonesty
What did the case of R v Blaue show the courts doing?
Tranposing a civil law concept into criminal law
What judge in Pagett argued that the shot by the police was not an NA at all?
Goff LJ
How did Herring reconcile Blaue and Roberts?
Taking into account V’s characteristics - Jehovah’s witness would, reasonably foreseeably, reject a blood transfusion
Roberts and Mitchell on discretion of judge in murder
Does not always help as still always at risk ‘of recall to prison for the rest of his natural life’
What two articles (Academic names only) look at theft?
Gardner and Bogg and Stenton-Ife
Who said it was ‘passing strange’ to convict of murder for harm which would ‘in most cases be unlikely to kill’?
Lord Edmund-Davies in R v Cunningham
Who do Bogg and Stenton-Ife not agree with?
Horder and Shute
Who in Hinks said that it is against common sense that a gift can be received dishonestly?
Hutton
Who said MR of doctors is ‘negated’ if they act ‘bona fide’?
Lord Scarman in Gillick
In what case, at paragraph 107, did the court argue that novus actus in continuing act may divide MR from AR, meaning there is no crime?
R v Le Brun
Who adopts the idea of ‘last act necessary’ when deciding if subsequent NA relieves liability?
Williams
Who said that ‘however much the terminologies may differ the ethical status of the two course of action is for all relevant purposes indistinguishable’?
Keown
Who said the Nedrick test had ‘moral elbow room’?
Ashworth
What did Keown say about the distinction between passive and active killing?
‘however much the terminologies may differ the ethical status of the two course of action is for all relevant purposes indistinguishable’
Who reconciled Blaue and Roberts on the topic of foreseeability?
Herring
Who argued for a new exceptional category to protect SM activity?
Bamforth
What two consequent cases criticised the decision in Gamble?
Rehman and Powell and English
Who argued restricting consensual sexual behaviour may cause misery through suppression?
HLA Hart
Who argued loss of control mirrors inner pathology but can also authorise certain conduct?
Edwards
Who showed how self-defence is gendered, meaning that defence by a woman/child is always apriori disproportionate?
Edwards
In what case did the courts transpose a civil law concept into the criminal law?
R v Blaue
Lord Edmund-Davies in R v Cunningham
Who said it was ‘passing strange’ to convict of murder for harm which would ‘in most cases be unlikely to kill’?
What did Edwards argue about self-defence?
self-defence is gendered, meaning that defence by a woman/child is always apriori disproportionate
Who said that a discretion in murder on sentencing is of little help?
Roberts and Mitchell
What section of the Theft Act did Hutton rely on for his argument?
S.2(1)(b)
Who argued the courts excuse the ‘venial intervener’ who acts semi-forgivably?
Williams
What did Bogg and Stenton-Ife try to argue in response to Hobhouse in Hinks?
No violation of legal certainty or autonomy because she was not acting honestly in an objective manner - thin ice principle
What two judges dissented in Hinks?
Hothouse and Hutton
R v Inglis quote
‘the law of murder does not distinguish between murder committed for malevolent reasons and murder motivated by familial love’
What principle did Bogg and Stenton-Ife invoke to argue against Hothouse on Hinks?
Thin ice principle
who said that novus actus ‘accords with our ideas of moral responsibility and just punishment?
Williams
Who was the only judge to support Gamble in English?
Bingham
Robrts and Mitchell on murder definition
currently ‘so imperfect’ that not all murderers have committed the worst form of criminal homicide, nor those who are liable for less have committed less forms
What judge gave a reason why Gamble may have been decided the way it was in English?
Neuberger
Who argued the decision in R v Brown ignored the social meaning the act had for its participants?
Bamforth
Who argued JE had led to prejudice/discrimination, as 80% from black/mixed race communities?
Janet Cunliffe, JENGbA
Who in Hinks said that s.2(1)(b) recognises the fact that a person receiving a gift is not dishonest?
Hutton
‘Moral elbow room’ of what?
Of the Nedrick Test
Who argued that a voluntary transfer should fall outside of the Theft Act if it doesn’t come under s.15?
Horder and Shute
Who argued only an intervening guilty act could shift responsibility away from the main perpetrator?
Williams
What did Hart and Honore say about NA?
In R v Blaue it was not an NA at all - involuntary
Why did Goff LJ in Pagett argue no NA?
Self-defence is an involuntary response
What is the thin ice principle?
On the border between criminal and legal behaviour, so shouldn’t expect a precise guide as to where you will fall in
At what paragraph did the court in Le Brun say an NA in a continuing act could remove liability?
Paragraph 107
