Criminal Law First Term Flashcards
What is the ratio of R v G and what does it show?
As long as MR is present and B is under 13, reasonable belief in her being older is no excuse. Shows strict liability.
R v B
Husband stranger
Which case asserts that Olugboja made a fresh start?
R v Elbekkay
What is the issue with R v McNechnie?
V may have died at the same time in the same way regardless, but the court made a lot of assumptions to arrive at their judgment
What is the ratio in Booth v CPS?
Borderline decision of assuming one state of mind from another
How does S.2 Genital Mutilation Act 2003 restrict novus actus?
Defence so that anyone who uses novus actus to get someone to mutilate themselves is still liable
What is the ratio in Gillick v West Norfolk and Wisbeck AHA?
Sufficient maturity to consent despite being under the age of 16
R v Richardson
Alcoholic dentist
Russell [1933]
Wife and child
What do Sullivan and Simester note is perhaps the reason for adopting a causation-without-limits approach in cases like Williams?
To deter all unlicensed/unregistered drivers, but this is at the expense of severe injustice
What does Williams note about knowledge in Cunningham?
Knowledge of inflammability of coal gas does not lead to an assumption about its toxicity as they cause injury in different ways
What does Williams note about subjective recklessness and preoccupation?
It cannot be defeated by an argument from preoccupation, and can be assumed.
Smith v Newsam
Sword
What else does Horder use apart from suspensory conditions to suggest there is no need for an imminence requirement?
Thomas v Num –> Miners
What did the HoL note in R v Ireland about psychological harm and s.47 OAP?
The statute is ‘always speaking’ as it loosely defined in ordinary words to get meaning from current society
What is the MR of s.47 OAP incompatible with?
Correspondence principle
What was the ratio in R v Dica?
STDs can be considered to cause GBH despite consent
Since consent nullifies AR of assault/battery, and s.47 requires this, does consent nullify s.47?
No
What is the ratio in Attorney General’s reference (No.6 of 1980)?
Consent to assault does not nullify liability
R v Jones
Boy in air
What case with higher authority supports the crown court decision in R v Slingsby?
R v Jones and R v Dica
As there is no provision for reasonable belief under s.47, what position does the law revert to to ascertain if D believed V gave informed consent?
Subjectivist position
When did Lord Jouncey and Lowry in Brown argue that consent becomes immaterial?
When it becomes AoABH or gave objectively a realistic risk of more than trivial harm
What act prohibits the case for a good enough reason for consent to s.47 or s.20 in terms of circumcision, limiting it to only men?
Female Genital Mutilation Act 2003, s.1