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Law First Year > Criminal Law - EXTRA ACADEMICS > Flashcards

Criminal Law - EXTRA ACADEMICS Flashcards

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1
Q

Who gave examples of indirect intention not likely to convict, including throwing your child from a burning building, hoping they will survive?

A

Lord Goff

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1
Q

What is the principle of maximum certainty?

A

Law should be as clear as possible, with only some ambiguity to allow development (OAP allowed development in Burstow and Ireland)

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2
Q

What did Hobhouse argue in Hinks?

A

Violated legal certainty (RoL) as such heavy reliance on dishonesty

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2
Q

What did the case of R v Blaue show the courts doing?

A

Tranposing a civil law concept into criminal law

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2
Q

What judge in Pagett argued that the shot by the police was not an NA at all?

A

Goff LJ

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2
Q

How did Herring reconcile Blaue and Roberts?

A

Taking into account V’s characteristics - Jehovah’s witness would, reasonably foreseeably, reject a blood transfusion

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3
Q

Roberts and Mitchell on discretion of judge in murder

A

Does not always help as still always at risk ‘of recall to prison for the rest of his natural life’

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3
Q

What two articles (Academic names only) look at theft?

A

Gardner and Bogg and Stenton-Ife

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4
Q

Who said it was ‘passing strange’ to convict of murder for harm which would ‘in most cases be unlikely to kill’?

A

Lord Edmund-Davies in R v Cunningham

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4
Q

Who do Bogg and Stenton-Ife not agree with?

A

Horder and Shute

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5
Q

Who in Hinks said that it is against common sense that a gift can be received dishonestly?

A

Hutton

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6
Q

Who said MR of doctors is ‘negated’ if they act ‘bona fide’?

A

Lord Scarman in Gillick

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7
Q

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?

A

R v Le Brun

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8
Q

Who adopts the idea of ‘last act necessary’ when deciding if subsequent NA relieves liability?

A

Williams

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10
Q

Who said that ‘however much the terminologies may differ the ethical status of the two course of action is for all relevant purposes indistinguishable’?

A

Keown

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11
Q

Who said the Nedrick test had ‘moral elbow room’?

A

Ashworth

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12
Q

What did Keown say about the distinction between passive and active killing?

A

‘however much the terminologies may differ the ethical status of the two course of action is for all relevant purposes indistinguishable’

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12
Q

Who reconciled Blaue and Roberts on the topic of foreseeability?

A

Herring

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13
Q

Who argued for a new exceptional category to protect SM activity?

A

Bamforth

15
Q

What two consequent cases criticised the decision in Gamble?

A

Rehman and Powell and English

16
Q

Who argued restricting consensual sexual behaviour may cause misery through suppression?

A

HLA Hart

17
Q

Who argued loss of control mirrors inner pathology but can also authorise certain conduct?

A

Edwards

18
Q

Who showed how self-defence is gendered, meaning that defence by a woman/child is always apriori disproportionate?

A

Edwards

20
Q

In what case did the courts transpose a civil law concept into the criminal law?

A

R v Blaue

22
Q

Lord Edmund-Davies in R v Cunningham

A

Who said it was ‘passing strange’ to convict of murder for harm which would ‘in most cases be unlikely to kill’?

23
Q

What did Edwards argue about self-defence?

A

self-defence is gendered, meaning that defence by a woman/child is always apriori disproportionate

25
Q

Who said that a discretion in murder on sentencing is of little help?

A

Roberts and Mitchell

26
Q

What section of the Theft Act did Hutton rely on for his argument?

A

S.2(1)(b)

27
Q

Who argued the courts excuse the ‘venial intervener’ who acts semi-forgivably?

A

Williams

28
Q

What did Bogg and Stenton-Ife try to argue in response to Hobhouse in Hinks?

A

No violation of legal certainty or autonomy because she was not acting honestly in an objective manner - thin ice principle

29
Q

What two judges dissented in Hinks?

A

Hothouse and Hutton

31
Q

R v Inglis quote

A

‘the law of murder does not distinguish between murder committed for malevolent reasons and murder motivated by familial love’

32
Q

What principle did Bogg and Stenton-Ife invoke to argue against Hothouse on Hinks?

A

Thin ice principle

33
Q

who said that novus actus ‘accords with our ideas of moral responsibility and just punishment?

A

Williams

34
Q

Who was the only judge to support Gamble in English?

A

Bingham

35
Q

Robrts and Mitchell on murder definition

A

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

36
Q

What judge gave a reason why Gamble may have been decided the way it was in English?

A

Neuberger

37
Q

Who argued the decision in R v Brown ignored the social meaning the act had for its participants?

A

Bamforth

38
Q

Who argued JE had led to prejudice/discrimination, as 80% from black/mixed race communities?

A

Janet Cunliffe, JENGbA

40
Q

Who in Hinks said that s.2(1)(b) recognises the fact that a person receiving a gift is not dishonest?

A

Hutton

41
Q

‘Moral elbow room’ of what?

A

Of the Nedrick Test

42
Q

Who argued that a voluntary transfer should fall outside of the Theft Act if it doesn’t come under s.15?

A

Horder and Shute

43
Q

Who argued only an intervening guilty act could shift responsibility away from the main perpetrator?

A

Williams

44
Q

What did Hart and Honore say about NA?

A

In R v Blaue it was not an NA at all - involuntary

45
Q

Why did Goff LJ in Pagett argue no NA?

A

Self-defence is an involuntary response

46
Q

What is the thin ice principle?

A

On the border between criminal and legal behaviour, so shouldn’t expect a precise guide as to where you will fall in

47
Q

At what paragraph did the court in Le Brun say an NA in a continuing act could remove liability?

A

Paragraph 107

Law First Year (24 decks)

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