Criminal Law First Term Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What is the ratio of R v G and what does it show?

A

As long as MR is present and B is under 13, reasonable belief in her being older is no excuse. Shows strict liability.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

R v B

A

Husband stranger

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

Which case asserts that Olugboja made a fresh start?

A

R v Elbekkay

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

What is the issue with R v McNechnie?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

What is the ratio in Booth v CPS?

A

Borderline decision of assuming one state of mind from another

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

How does S.2 Genital Mutilation Act 2003 restrict novus actus?

A

Defence so that anyone who uses novus actus to get someone to mutilate themselves is still liable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

What is the ratio in Gillick v West Norfolk and Wisbeck AHA?

A

Sufficient maturity to consent despite being under the age of 16

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

R v Richardson

A

Alcoholic dentist

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

Russell [1933]

A

Wife and child

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

What do Sullivan and Simester note is perhaps the reason for adopting a causation-without-limits approach in cases like Williams?

A

To deter all unlicensed/unregistered drivers, but this is at the expense of severe injustice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

What does Williams note about knowledge in Cunningham?

A

Knowledge of inflammability of coal gas does not lead to an assumption about its toxicity as they cause injury in different ways

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

What does Williams note about subjective recklessness and preoccupation?

A

It cannot be defeated by an argument from preoccupation, and can be assumed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

Smith v Newsam

A

Sword

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

What else does Horder use apart from suspensory conditions to suggest there is no need for an imminence requirement?

A

Thomas v Num –> Miners

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

What did the HoL note in R v Ireland about psychological harm and s.47 OAP?

A

The statute is ‘always speaking’ as it loosely defined in ordinary words to get meaning from current society

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

What is the MR of s.47 OAP incompatible with?

A

Correspondence principle

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

What was the ratio in R v Dica?

A

STDs can be considered to cause GBH despite consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

Since consent nullifies AR of assault/battery, and s.47 requires this, does consent nullify s.47?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

What is the ratio in Attorney General’s reference (No.6 of 1980)?

A

Consent to assault does not nullify liability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

R v Jones

A

Boy in air

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

What case with higher authority supports the crown court decision in R v Slingsby?

A

R v Jones and R v Dica

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

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?

A

Subjectivist position

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

When did Lord Jouncey and Lowry in Brown argue that consent becomes immaterial?

A

When it becomes AoABH or gave objectively a realistic risk of more than trivial harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

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?

A

Female Genital Mutilation Act 2003, s.1

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is covered under s.47 OAP?

A

Assault occasioning ABH

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What does Williams say about the argument of not thinking of a risk?

A

If someone does not believe a risk exists, and it is unreasonable for him to take it, he is still liable because he still thought of it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Kaitamiki v R

A

Rape is a continuing act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

R v Devonald

A

Dad, ex-bf

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

R v McNally

A

‘Boy’ is girl

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the recent cases in which the CoA have follow decisions prior to R v Olugboja?

A

R v Larter & Castleton, R v Elbekkay and R v Linekar

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What case defines ‘unlawful’ in battery?

A

Collins v Wilcock

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What does s.20 OAP govern for?

A

Inflicting GBH maliciously

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the ratio in R v Bollom?

A

GBH on a child may not be GBH on an adult

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

How did the CPS deal with the fact that it is arguable if recklessness counts if the risk of harm is less than 0.1% (Dica)?

A

Increased number of exposures to a low risk infection increases level of recklessness

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

R v Harris

A

Voices fire

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What case/judge gives the definition of the AR for s.47 OAP?

A

Lynsky J in R v Miller

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the AR of s.20 OAP?

A

Any act that causes ‘really serious’ bodily harm (DPP v Smith), applying to psychiatric illnesses like s.47, but unlike s.47 it need not be caused by an assault/battery - need only be ‘inflicted’ which is much wider

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the MR for s.20 OAP?

A

D must have intended/been reckless as to causing ‘some harm’ but need not have foreseen the full consequences. Malicious should be interpreted as referring to both intention and recklessness

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

R v Bree

A

B must have the ability to express agreement or disagreement through the act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the AR for s.5 SOA?

A

Penetration of a person under 13

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the ratio in R v Kennedy?

A

Fully informed act of V broke chain of causation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is an example of a corresponding MR requirement?

A

Recklessness creating foreseeable risk of ‘some harm’ to V

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What was the ratio in R v Konkani?

A

Consent can be accepted if V had a particularly good reason to suspect or consents and knows the risk

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

R v Brown

A

Sadomasochists

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Attorney General’s reference (No.6 of 1980)

A

Football teams (fight)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is the ratio in H v CPS?

A

Knowledge of the risk is not sufficient for consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What does John Gardner argue is of intrinsic moral significance in assault?

A

That one inflicted rather than caused harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Who found, through Environmental Agency v Empress Car Company (Abertillery) Ltd, that causation findings are becoming exercises of statutory interpretation?

A

Sullivan and Simester

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Which case overrules R v Devonald and how?

A

R v B - not ANY important purpose hidden.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is a gateway wrong of constructive liability according to Ashworth?

A

Corresponding MR requirement (recklessness creating foreseeable risk of ‘some harm’ to V)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What does J R Spencer note about the issue of SOA in ‘The Sexual Offences Act 2003: Child and family offences’?

A

Home Office wanted new offences to be punishable regardless of consent, but no provision that express nullifies consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is the defence to s.3 SOA?

A

Reasonable belief

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What does subsection 2 of s.1-4 SOA govern for?

A

How to determine reasonable belief

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

R v Jheeta

A

Policeman boyfriend texts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

R v Dica

A

HIV and unprotected

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

When is it beneficial, according to Gardner, to draw a line between reluctant acquiescence and mere submission?

A

When V is insensible with no other safeguard as to consent - lack of any ‘positive state of mind at all’ cannot count as giving consent regardless

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Why, according to Ashworth, is a substantive doctrine of intoxication preferable to an evidential doctrine?

A

Evidential inference can lead to variant outcomes, and it gives transparency

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What was the ratio in R v Emmett?

A

One could not consent to lighter fluid on their body if it resulted in a claim under s.47 or even s.20

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

R v Burstow

A

Stalker posters

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What four cases define the AR of battery?

A

DPP v K, Fagan v Metropolitan Police Commissioner, R v Matin, DPP v Santana-Bermudez and Faulkner v Tabot

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

How can one rebut some of the presumptions of 75(2)?

A

Existence of a close relationship

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What is the AR for assault?

A

Any act by which one person causes another to apprehend immediate ad non-consensual bodily contact (Ireland)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What is the ratio in DPP v Majewski?

A

Voluntary intoxication is not a defence to mens rea

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Dalloway

A

Reins

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What did Finch and Munro note about s.74 definition in ‘Breaking Boundaries: Sexual consent in the jury room’?

A

Hindered by stereotypical views, vagueness of central terms, extended to often unrelated factors and led to leniency for D

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What case supports the MR for assault?

A

R v Lamb

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Why does it not fit with Olugboja that the judge in R v Elbekkay decided jury could not have failed to conclude lack of consent?

A

Asserts types of mistake which do/don’t negate consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

What case supports the role of transferred malice in battery?

A

Haystead v Chief Constable of Derbyshire

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

What judge noted that you cannot give a common sense answer to the application of causation?

A

Lord Hoffman in Empress

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

What is the AR for s.1 SOA?

A

Penetration and B does not consent to the penetration

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

What does The Interpretation Act 1978 s.6 provide for?

A

In all AoP, the use of the masculine noun includes the feminine unless the contrary intention appears

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

What is the ratio for R v Jheeta?

A

Look at individual when deciding between submission and reluctant acquiescence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

R v Allen

A

No intention to be drunk

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

What is the MR of s.47 OAP an example of?

A

Constructive liability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

What part of the SOA governs for the definition of ‘sexual’?

A

S.78

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

What is the de minimis principle?

A

‘more than negligible cause of death’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

What is a negative of the rival, fixed-formula approach to rape?

A

Treats some mistakes as significant to ALL individuals when this may not be true

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

DPP v K

A

Acid chemistry

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

What is Horder’s definition of assault?

A

‘Threatening confrontation experienced by the victim’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

Faulkner v Tabot

A

Babysitter - touching does not require you to be active

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

Who found a high level of correspondence in relation to factors that influenced decision making (e.g. victim responsibility, defendant’s intentions, parties’ intoxication and impact of intoxication)?

A

Finch and Munro, ‘Juror Stereotypes and Blame Attribution in Rape Cases Involving Intoxicants’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

What are the three positives of the Olugboja approach according to Gardner?

A

Attentiveness to individual, D’s MR requires lack of care about consent so may not lack certainty (by referring to V’s state of mind) and decides from impact on V if they acquiesced or submitted

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

R v Pagett

A

Shot girlfriend

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

R v Bailey

A

insulin

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

What did Lord Bingham note about D’s presence in court in Cunningham?

A

D’s presence when the issue is one of knowledge is vital - no evidence of ‘absence of knowledge’ creates an evidential presumption of the knowledge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

What case defines the AR for assault?

A

R v Lamb

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

What is the ratio for R v Roberts?

A

Within range of reasonable responses so no contributory negligence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

What does Horder note is the advantage of his definition of assault over Williams’ and Gardner’s?

A

Notes the moral significance of the AR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

What do Sullivan and Simester note about the application of Dalloway, and why?

A

It should have been applied in Williams because ‘such a Draconian outcome’ as expecting D to take account of ‘potential homicide liability for deaths which were the sole responsibility of others… is not within the scope of anyone’s reasonable expectations’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

What does section 30 of the SOA govern for?

A

Sexual activity with a person with a mental disorder impeding choice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

What does Horder say about ‘suspensory conditions’?

A

They are usually not ‘defeating conditions’, so they should not be blocked by an imminence requirement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

Why does R v Linekar not align with Olugboja?

A

Asserted some kind of mistakes do negate consent and others do not as a matter of law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

Name at least three cases where consent was allowed to s. 47?

A

R v Slingsby, R v Jones, R v Dica, R v Konzani

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

What is the ratio for R v Olugboja?

A

Absence of force/threats of violence does not prove consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

What test does the Law Commission give for ‘sub-rational’ agreement cases?

A

Fixing transition point between allowing sexual expression and preventing exploitation by having regard to V’s ability to understand or retain relevant information and make a decision

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
53
Q

What is the MR for s.3 SOA?

A

Intentionally touches another person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
55
Q

R v Malone

A

Drunk neighbour

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

Whitte

A

Mistaken belief

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

What does Ashworth in ‘Intoxication is never a defence’ note about the formation of the doctrine?

A

It is not evidential as there is no MR (presumed), so it is substantive as D would have had MR but for intoxication

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

What three individuals try to give a definition to assault?

A

Williams, Gardner and Horder

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

What was the ratio in R v Golding?

A

GBH needs not be ‘permanent or dangerous’ with ‘lasting consequences’ - it is up to the jury to decide the effect on V in the individual case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
57
Q

What is the ratio for R v Mallet (egg shell skull rule)?

A

Unlikeliness without subsequent intervention gives liability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
58
Q

What is the evaluative causation question to be asked?

A

Is there a direct intervening cause (novus actus interveniens) that cannot be explained by proximity?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
59
Q

What cases give that failure to resist does not constitute consent?

A

R v Malone, MC v Bulgaria

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
60
Q

What does Ashworth note about the exclusion of specific intent offences from the intoxication doctrine?

A

It is a ‘simple move that allows for increased flexibility, and moral sensitivity’.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
61
Q

What precedent gives that rape is a continuing act?

A

Kaitamiki v R

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
62
Q

What does section 5 of the SOA govern for?

A

Rape of a child

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
62
Q

Name at least three cases which support the fact that there is no notion of contributory negligence?

A

R v Roberts, R v Lewis, R v McNechnie, R v Pagett and R v Hughes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
63
Q

What is the ratio in R v Fotheringham?

A

D cannot rely on a belief caused by intoxication

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
63
Q

In what cases did the courts show that consent to the assault/battery does not preclude liability under s.47?

A

AG’s reference (No.6 of 1980) and R v Brown

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
64
Q

How does the Law Commission suggest we fix a transition point for ‘sub-rational’ agreement cases?

A

Have regard to V’s ability to understand or retain relevant information and make a decision

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
66
Q

What section of SOA dictates requirements for sexual activity with a child?

A

Section 9

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
66
Q

What is the ratio for R v Jheeta?

A

None of the deceptions affected the act itself

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
66
Q

What are the four possible defences to s.47 OAP?

A

Consent, self-defence, duress and insanity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
67
Q

What is the MR of s.9 SOA?

A

Intentionally touches another person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
68
Q

R v Cheshire

A

Breathing tube infection

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
69
Q

What are the four possible defences to s.20 OAP?

A

Self-defence, duress, insanity and consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
70
Q

Fagan v Metropolitan Police Commissioner

A

Policeman’s foot

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
71
Q

What is the ratio in Collins v Wilcock?

A

You cannot continue with everyday touching if they object strongly

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
72
Q

What two other issues did J R Spencer find with the new child sex offences in the SOA in his article?

A

They are complex/obscure with serious overlap and it is legislative overkill

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
72
Q

Who doesn’t Williams agree with on the top of anger making an exception to subjective recklessness?

A

Lord Ziplock in Caldwell who extends it to other emotions such as excitement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
73
Q

What case supports the first way to prove recklessness according to G v R (D took an objectively unreasonable risk)?

A

Chief Constable of Avon v Shimmen –> Martial arts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
73
Q

Haystead v Chief Constable of Derbyshire

A

Wife and baby

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
74
Q

What does s.9(2) govern for?

A

Types of touching liable for sexual activity with a child

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
74
Q

Does a novus actus interveniens count even if it was foreseeable?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
76
Q

What does s.74 SOA govern for?

A

Consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
76
Q

Booth v CPS

A

Damaging car

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
77
Q

R v D

A

Wife suicide

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
77
Q

What is the ration in R v Harris?

A

D didn’t have sufficient MR, but could also distinguish from Parker in that he had no choice due to his mental illness, drawing a comparison with Jones v First Tier Tribunal and Criminal Injuries Compensation Authority.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
78
Q

What are the four key cases for deciding a freedom to agree?

A

R v C, R v Jhetta, R v Kirk and R v Olugboja

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
79
Q

What does section 4 of the SOA govern for?

A

Causing sexual activity without consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
81
Q

What is the ratio in R v Roberts, in reference to s.47 OAP MR?

A

Foresaw original assault so guilty of ABH

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
83
Q

R v Satnam and Kewell

A

Hope

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
83
Q

Collins v Wilcock

A

Everyday touching

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
84
Q

Why did the EU reverse the decision in MC v Bulgaria?

A

Fundamental that consent is expressed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
85
Q

R v Slingsby

A

Signet ring

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
87
Q

R v Green

A

Doctor masturbate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
88
Q

What cases shows most effectively the interplay between s.74 and s.76?

A

Thomas LJ in Assange v Swedish Prosecution Authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
88
Q

What is the key case for recklessness in non-fatal offences?

A

G v R

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
89
Q

R v Spratt

A

Air rifle

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
90
Q

R v Golding

A

Herpes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
91
Q

R v B

A

Schizophrenic

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
91
Q

Which case rejects the fact that Olugboja made a fresh start?

A

R v Linekar

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
92
Q

What section gives deceptions in the SOA?

A

S.76

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
93
Q

What are the two basic offences against the person?

A

Battery and assault

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
95
Q

What does the judgment in Olugboja focus on?

A

Protecting sexual autonomy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
97
Q

What section of the SOA governs for consent?

A

S.74

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
97
Q

R v Mallet

A

Neighbours fighting

98
Q

What are a few cases involving s.76(a)?

A

Any from R v Green, R v Jheeta, R v Devonald, R v B, R v Bingham, R v McNally and AKJ et al v Metropolitan Police Commissioner

100
Q

What is the ratio in R v Allen?

A

It is irrelevant if D has no intention to be drunk

102
Q

What act is used to define the word ‘capacity’ in the SOA?

A

Mental Capacity Act 2005

103
Q

What is the MR of s.4?

A

Intentionally causes B to engage in a sexual activity

105
Q

What did the court note about R v Dica and consent?

A

If partners had consent, the harm is unwanted wide effect and therefore not intended

106
Q

What does the word ‘unlawful’ remove liability for in battery?

A

Minor contacts carried out in an everyday and civilised fashion

108
Q

What did Temkin and Ashworth disapprove of in the SOA?

A

Hierarchical approach where fraud/deception is non-rebuttable but threats/violence are

109
Q

What section of SOA dictates requirements for rape of a child?

A

Section 5

110
Q

What is the ratio in R v Matin?

A

Indirectly causing unwanted contact constitutes a battery

111
Q

Laskey v UK

A

Sadomasochism 2

113
Q

R v Blaue

A

Jehovah’s witness

115
Q

What are the four negatives of the Olugboja approach according to Gardner?

A

Uncertain, D cannot know about V’s state of mind, like cases not treated alike and may look to individual to see if they should have taken the pressure in their stride

117
Q

Why is R v McNally not technically giving support to the use of s.76(b)?

A

Decided under s.74 instead

118
Q

Outline the judgment in R v Linekar

A

Ignored Olugboja’s fresh start, asserted some kind of mistakes do negate consent and others do not as a matter of law

118
Q

What is the MR for battery?

A

D must intend or be reckless as to the unlawful bodily contact. Transferred malice.

119
Q

What is an example of a sine non qua test?

A

Medical evidence

119
Q

What four things are covered under the Offences Against the Person Act 1861?

A

Assault occasioning ABH, maliciously inflicting GBH, maliciously inflicting GBH with intent and poisoning

120
Q

When is there an exception to novus actus according to G Williams?

A

When D remains the de facto cause in spite of the subsequent novus actus

122
Q

What is the ratio for R v Cheshire?

A

Medical negligence will never remove D’s responsibility if injury is still present at death

124
Q

What is the ratio on imminence given in Ireland?

A

‘V must have to fear that D intended to use unlawful force on him before V’ could escape or seek ‘official protection’

125
Q

What were the facts in Russell?

A

Negligently failing to stop his wife murdering his child and committing suicide

127
Q

What does the Law Commission give as guidance for misapprehension cases?

A

If the matter as to which V was mistaken was important enough TO HER, it negates consent

129
Q

Who found that the public generally decided against legal position of R v Malone in terms of conscious = ability to consent/struggle?

A

Finch and Munro, ‘Juror Stereotypes and Blame Attribution in Rape Cases Involving Intoxicants’

130
Q

R v Lamb

A

Gun

131
Q

What solution of JC Smith does G Williams adopt in ‘Finis for Novus Actus’?

A

Distinguishing between ‘the last act necessary’ and the ‘preparatory stage’.

133
Q

What section of the SOA gives rebuttable presumptions?

A

S.75

134
Q

What is the ratio for R v McNally?

A

Homosexual act was not agreed upon so deception as to nature

135
Q

What three cases explicate the function of novus actus interveniens?

A

Environmental Agency v Empress Car Company (Abertillery) Ltd, R v Kennedy and R v D

136
Q

What did Finch and Munro conclude in ‘Juror Stereotypes and Blame Attribution in Rape Cases Involving Intoxicants’

A

‘Strong evidence… of an ongoing reliance on legally irrelevant factors and adherence to stereotypical views of sexual behaviour’

137
Q

What is the defence to s.5 SOA?

A

No defence

138
Q

R v Parker

A

Smash phone box

139
Q

What is the ratio in R v Venna?

A

Recklessness as to the act is sufficient - no intention required

140
Q

What subsection of the SOA gives for reasonable belief?

A

Subsection 2 of s.1-4 SOA

142
Q

What is the point of evaluative causation?

A

Causation ‘in law’ to filter out arbitrary sine non qua contributions

142
Q

Why did the HoL in R v Ireland note that psychiatric injuries can be a form of ABH?

A

They can lead to physical symptoms and affect the nervous symptoms

144
Q

What four cases support the fact that recklessness for battery is usually a narrow meaning of personal foresight?

A

R v Spratt, DPP v Majewski, R v Allen and R v Brady

145
Q

What are the three ways of filtering out arbitrary sine non qua contributions?

A

Egg shell skull rule, subsequent omissions/acts that do not change operative cause of D’s action are irrelevant and no notion of contributory negligence for V

146
Q

AKJ et al v Metropolitan Police Commissioner

A

Undercover

148
Q

What is a case which supports the egg shell skull rule?

A

R v Mallet –> Neighbours fighting

149
Q

What is the ratio for R v Bingham

A

There was no deception as to the sexual purpose of the act

150
Q

What cases give definitions for not good enough reasons for consented-to activity?

A

Attorney-General’s Reference, R v Brown, Laskey v Uk and R v Emmett

151
Q

Jones v First Tier Tribunal and Criminal Injuries Compensation Authority

A

Suicide

153
Q

MC v Bulgaria

A

Field - EU reversed the decision of Bulgaria

155
Q

Williams [2010]

A

Appearing

157
Q

R v Hardie

A

Valium

158
Q

Why was the case thrown out in R v D (wife suicide)?

A

Ireland requires evidence to prove psychiatric effects

159
Q

What is the ratio in R v Richardson?

A

Consent given to acts, not people

160
Q

What two cases define MR of s.47 OAP?

A

R v Savage and R v Roberts

162
Q

What were the CoA disapproving of in R v Richardson?

A

Prosecution should have focused on bad dentistry and less on unregistered dentist

163
Q

R v Ireland

A

Silent phone calls

164
Q

How can Williams and R v Kennedy be distinguished according to Sullivan and Simester in ‘Causation without limits’?

A

V in the former did not die by her own hand, but in both V was wholly responsible

165
Q

R v B

A

HIV - no active deception so not rape

166
Q

What is the ratio for R v Lewis?

A

Supports R v Roberts - reasonable response

166
Q

Which case gives that malicious should be interpreted as referring to both intention and recklessness in s.20 OAP?

A

R v Cunningham –> Gas meter

168
Q

IM v LM

A

Capacity for treatment - threshold to give consent to sexual activity is very low, and limited relevant information is required

170
Q

R v Kirk

A

Taxi man (money, homeless, previous abuse etc.)

170
Q

What is not a defence to s.47 OAP?

A

Chastisement

172
Q

The Law Commission noted what two types of agreement cases?

A

‘Sub-rational’ agreement cases and misapprehension cases

174
Q

Environmental Agency v Empress Car Company (Abertillery) Ltd

A

Oil pollution

175
Q

DPP v Santana-Bermudez

A

Ticket tout

177
Q

R(F) v DPP

A

Withdrawal

179
Q

What is the ratio for R v Green?

A

Deception about true purpose negates consent

180
Q

Gillick v West Norfolk and Wisbeck AHA

A

Gillick competence

181
Q

How can the prosecution disprove consent under s.74 SOA?

A

Need only disprove one, and all are left undefined in the statute so need to use precedent

181
Q

What are the problems with Thomas LJ’s statement in Assange about deceptions?

A

Material deceptions being covered under s.74 is arguably obiter and decision in McNally is arguably obiter as it would fit under s.76

183
Q

What does Williams say about the action of knowledge?

A

‘Knowledge must be regarded as a continuing state of mind’

184
Q

What two cases show that anger or forgetting does not remove recklessness?

A

R v Parker and R v Harris

185
Q

What two cases define consent to battery?

A

H v CPS and Gillick v West Norfolk and Wisbeck AHA

186
Q

Is there any binding precedent for Thomas LJ’s statement in Assange?

A

No

187
Q

What was the ratio in R v Barstow?

A

Psychiatric illness is now considered bodily harm, so the word ‘inflicted’ should not be limited to its Victorian usage - causation is sufficient, and not the same as the narrow meaning for assault/battery

188
Q

What is the MR for s.5 SOA?

A

Intentionally penetrates the vagina, anus or mouth of another with his penis

188
Q

What does G v R give to prove recklessness?

A

Prosecution must satisfy the court that D took an objectively unreasonable risk and they foresaw that risk at the time

189
Q

Who noted that the principle of novus actus can rescue D from strict liability and in which article?

A

G Williams, ‘Finis for Novus Actus’

191
Q

What is the ratio for Chief Constable of Avon v Shimmen?

A

Taking a tiny risk can be reckless if it is without good reason

192
Q

What statute restricts novus actus for women?

A

S.2 Genital Mutilation Act 2003

193
Q

What cases show a radical development in the law of GBH in particular?

A

Dica, Burstow etc.

194
Q

What case supports the ratio of R v Cheshire?

A

R v Blaue –> Jehovah’s witness

196
Q

What analysis of the intoxication doctrine does Ashworth prefer and why?

A

Constructive liability - allows courts to convict D of a stand-alone intoxicated wrongdoing than of the crime corresponding to the later AR

197
Q

What is constructive liability made up of according to Ashworth?

A

A gateway wrong and an aggravating part

199
Q

What is an aggravating part of constructive liability according to Ashworth?

A

A matter of strict liability (V dies)

200
Q

R v Kennedy

A

Supplying heroin

201
Q

What two cases show the courts ‘having regard to all circumstances’ to determine reasonable belief?

A

R v B and R v Fotheringham

203
Q

What case suggests that deceptions may negate consent to battery?

A

R v Richardson

205
Q

Within the specific families of criminal wrongs with overlapped AR elements, what two features appear?

A

More serious offences require purposive intent and there is always a fall-back offence

206
Q

What is the ratio in R v Bailey?

A

Lack of knowledge of a substance’s effects removes MR.

208
Q

R v Bingham

A

Sexual acts

209
Q

What judges in Brown noted that When it becomes AoABH or gave objectively a realistic risk of more than trivial harm, consent is immaterial?

A

Lord Jouncey and Lowry

210
Q

Who disapproves of the hierarchical approach of the SOA in terms of fraud/deception (non-rebuttable) as worse than threats/violence (rebuttable)?

A

Temkin and Ashworth

212
Q

What is the ratio in R v Lamb?

A

Where the parties do not apprehend any risk at all, there is no AR, and D lacked MR as he neither intended to shoot his friend, nor foresaw V’s apprehension

213
Q

If a substance is consumed which is not known to be dangerous/alcoholic, which case does not apply?

A

DPP v Majewski

214
Q

What case supports the fact that subsequent acts/omission are irrelevant if they do not change operative cause of D’s action?

A

R v Cheshire –> Breathing tube infection

215
Q

R v C

A

Mother’s boyfriend

215
Q

Beatty v Gillbanks

A

Salvation Army v Skeleton Army

217
Q

Why does Williams reject the indifference test?

A

Too hypothetical

218
Q

What is the ratio in R v Savage, in reference to s.47 OAP MR?

A

No MR further than assault/battery is required

219
Q

R v Williams

A

Singing voice

220
Q

What is the ratio of Faulkner v Tabot?

A

Touching does not require you to be an active participant

221
Q

What two cases give that conditional consent to penetration may be valid if it relates to the act itself?

A

Assange v Swedish Prosecution Authority, R(F) v DPP

223
Q

What does S Gardner note about court’s use of R v Olugboja in ‘Appreciating Olugboja’?

A

CoA have preferred to follow earlier decisions in 3 recent cases

225
Q

What is the ratio in R v Sprat?

A

Not reckless - didn’t foresee any harm at all

226
Q

Thomas v Num

A

Miners

228
Q

What is the ratio in R v Martin in regard to inflicting GBH?

A

‘Inflict’ does not have the same meaning as for assault/battery - he need not have done it personally

230
Q

What is the ratio for R v Hughes?

A

Matters to proximity test if blame can be attributed to D’s act

231
Q

R v Savage

A

Pub glass

232
Q

How does Thomas LJ in Assange v Swedish Prosecution Authority show interplay between s.74 and s.76 SOA?

A

Deceptions not under s.76 may fall under s.74 if important enough

233
Q

What is the ratio in DPP v K?

A

Only a causal link is required, no MR for battery

235
Q

What are the common elements of s.1, s.3 and s.4 in the SOA?

A

Consent and reasonable belief

237
Q

How does s.74 SOA define consent?

A

‘Agreement by choice, by someone who had the freedom and capacity to make that choice’

239
Q

What is the defence to s.1 SOA?

A

Reasonable belief

240
Q

After noting Lord Hoffman’s statement about application of causation in Empress, what do Sullivan and Simester say this means?

A

Restrict causation doctrine to mere statutory interpretation

242
Q

What does subsection 2 of s.1-4 SOA give for reasonable belief?

A

It is determine by ‘having regard to all circumstances, including any steps A has taken to ascertain whether B consents’

243
Q

What is the ratio for R v Devonald?

A

Any important purpose hidden is deceptive - very wide meaning of ‘purpose’

244
Q

What does s.20 OAP not require unlike s.47?

A

Doesn’t require GBH to be caused by an assault/battery, only ‘inflicted’

245
Q

What section of SOA dictates requirements for sexual activity with a person with a mental disorder impeding choice?

A

Section 30

246
Q

Why does Ashworth not agree with the Modal Penal Code on the sufficiency of a statistical link?

A

Whilst violence is usually accompanied by intoxication, this is not always true in reverse - we do many risky things in society, but the presence of risks does not make it a wrong

247
Q

What case limits the ways that agreement can be expressed?

A

R v Ciccarrelli –> Come on. Considered gap of several hours relevant

248
Q

What is the ratio in DPP v Santana-Bermudez?

A

V did not make an informed choice OR D battered her by ‘omission’

249
Q

What is the ratio for R v Kirk?

A

Difficult case but decided that due to circumstances, she lacked freedom to agree as she had no other choice

250
Q

What did the CPS try to prosecute for in R v D?

A

Unlawful act manslaughter where the act was ABH psychological harm to avoid use of novus actus through mental damage

251
Q

R v Emmett

A

Lighter fluid

252
Q

What was the ratio in R v Slingsby?

A

Restricted to acts intended or foreseen, so consent can nullify ABH liability, although just a crown court decision

254
Q

R v G

A

15 years old?

255
Q

What five points did Lord Lowry in C v DPP give for courts to consider before making radical developments?

A

Matter of law or wider social ramifications, has P consider it, is the answer to the case clear, would they be discarding fundamental legal doctrines and would changing the law lead to clarity and finality

257
Q

R v Hughes

A

Uninsured hits druggie

258
Q

What is the ratio in Fagan v Metropolitan Police Commissioner?

A

Omission of acting can cause battery

259
Q

What is a ‘freedom to agree’, and what is the key precedent for this?

A

Acquiescence is agreement, but submission is not. Key precedent if R v Olugboja [1982] –> House rape

260
Q

What is the AR of s.9 SOA?

A

Touching is sexual (s.78), and either (1)(c)(i) B is under 16 and A has no reasonable belief that they are older or (1)(c)(ii) B is under 13. (2) also gives the types of touching liable

261
Q

What case gives the requirement of foreseeing some harm in s.20 OAP?

A

DPP v Parmenter –> Shook baby

262
Q

What is the ratio for R v Pagett?

A

Two causes of same death do not cancel out D’s actions

263
Q

R v Lewis

A

Student vs. taxi

264
Q

According to J C Smith and G Williams, in the ‘preparatory stage’, is the instigator still responsible if there is an intervening act?

A

No

266
Q

What is the MR of s.47 OAP?

A

D needs to have intended/foreseen the original assault/battery but need not have intended/foreseen the ABH.

267
Q

What section of SOA dictates requirements for causing sexual activity without consent?

A

Section 4

268
Q

What case shows that later knowledge may be brought in to prove recklessness?

A

Miller [1983]

269
Q

R v Cunningham

A

Gas meter

271
Q

What does the Modal Penal Code argue is sufficient in intoxication doctrine?

A

Statistical link

272
Q

Faulkner v Tabot

A

Babysitter sex

273
Q

How does Horder suggest an independent role of fear-inducing threats could be created?

A

By focusing on morally significant way psychic assault is nearly always done through confrontation

274
Q

What is the ration in Jones v First Tier Tribunal and Criminal Injuries Compensation Authority?

A

Subjective nature of recklessness - consider individual’s mental state at the time

276
Q

R v Bollom

A

Depends on individual victim

277
Q

What meaning did R v Ireland stretch?

A

‘Immediate’ to imminent

278
Q

What is the ratio in Environmental Agency v Empress Car Company (Abertillery) Ltd?

A

D responsible for creating the risk and legislation extended liability

279
Q

R v H

A

Tracksuit

280
Q

S.143 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 gives what to s.20 of the OAP?

A

Similar office in respect of serious injury caused by dangerous driving which is kind of negligently causing GBH

281
Q

What does section 9 of the SOA govern for?

A

Sexual activity with a child

282
Q

There is no offence of ______ causing GBH

A

Negligently

283
Q

R v Roberts

A

Hitchhiker

284
Q

What is the ratio in R v Brown?

A

Not a good enough reason so consent did not nullify liability

285
Q

What are the three policy arguments in favour of novus actus according to G Williams?

A

D should not be guilty for something the public would blame on someone else, making D responsible for V’s foreseeable behaviour is too great a restriction and restricts the number of persons liable

286
Q

If there is no ____, s.20 can’t be applied.

A

Foresight

287
Q

Which lord in C v DPP gave five points to consider before making radical developments?

A

Lord Lowry

288
Q

What is factual causation?

A

Sine non qua test

289
Q

What is the ratio in DPP v Smith?

A

Not necessarily life threatening harm, and need not be permanent GBH

291
Q

Which case gives a very wide meaning to s.76(a) - ‘purpose’?

A

R v Devonald

292
Q

DPP v Smith

A

‘Really serious’

294
Q

What case create uncertainty in the law of manslaughter and it’s interaction with novus actus according to G Williams?

A

Australian case of Russell [1933]

295
Q

What is the AR of s.4?

A

Engaging in sexual activity without the consent of B

297
Q

What were the court open to in R v D (wife suicide)?

A

Idea that ordinary assault would cause death even without psychological suffering but the CPS did not follow this route

299
Q

What is the ratio in R v D?

A

No novus actus as she did not make the decision freely

301
Q

What three cases support the second way to prove recklessness according to G v R (D foresaw risk at the time)?

A

R v Cunningham, Booth v CPS and Jones v First Tier Tribunal and Criminal Injuries Compensation Authority

303
Q

What is the ratio in R v B?

A

Mental illness or delusions could not found reasonable beliefs as they are irrational by nature

304
Q

The emphasis on what requires special offences for those who have sexual activity with children?

A

Visceral rather than cerebral thinking, but lacking ability to conduct their own decision-making means they lack capacity regardless

305
Q

What is the AR for s.47 OAP?

A

‘Any hurt of injury calculated to interfere with health or comfort’, coming from an assault/battery

307
Q

What does s.8 Criminal Justice Act 1967 show?

A

The proof of criminal intent

309
Q

What does s.78 use to define ‘sexual’?

A

Nature is sexual regardless of circumstances/purpose, or because of nature may be sexual and circumstances/purpose make it sexual

310
Q

What two cases note that agreement is solely to the actual physical acts?

A

R v Linekar and R v B

311
Q

What is the ratio for R v McNechnie?

A

Supports R v Roberts and R v Lewis

313
Q

What is the ratio in Faulkner v Tabot?

A

If girl was passive, there is no battery, so novus actus decided the case

314
Q

What is the ratio in R v Brady?

A

Despite being drunk, if D wouldn’t have foreseen the risk sober then D is not liable

315
Q

R v Fotheringham

A

Babysitter, not wife

316
Q

What case decided that capacity to understand the act was too low based on the circumstances?

A

R v Williams –> Singing voice

317
Q

What is the ratio for Whitte?

A

Trial judge - if D has a reasonable belief in V’s consent because D believes V is someone else (C), then D cannot call on mistaken belief

318
Q

What does section 3 of the SOA govern for?

A

Sexual assault

319
Q

What case makes use of the MCA 2005 as a definition for ‘capacity’?

A

R v A (G)

320
Q

What did Gardner consider about the application of Olugboja in Linekar?

A

The conviction would probably have held

321
Q

R v Jheeta

A

Policeman boyfriend texts

322
Q

How can the judgment in R v Fotheringham be varied according to modern day views?

A

It was decided that belief did not exist at all, but now it exists but is necessarily unreasonable

323
Q

R v McNechnie

A

Old man ulcer

325
Q

What does section 1 of the SOA govern for?

A

Rape

326
Q

What section of SOA dictates requirements for rape?

A

Section 1

327
Q

What was the ratio in Dalloway (1847)?

A

D’s mere presence on the road was not to be taken as the legal cause of V’s death

329
Q

R v Venna

A

Police battery

330
Q

What is the venial intervener, according to G Williams?

A

D can remain responsible if V acted ‘semi-forgivably’, as long as it was reasonably foreseeable

330
Q

When does Williams note that subjective recklessness could afford a defence?

A

When concepts of recklessness should not be used anyway (e.g. his example of opening a door whilst preoccupied and hitting a cyclist)

331
Q

What does the court draw a line between in Olugboja?

A

Reluctant acquiescence and mere submission

332
Q

What was the ratio in R v Wilson?

A

Consensual matrimonial activity should not be criminalised

333
Q

What is the MR for assault?

A

Intending or foreseeing that V may apprehend immediate and non-consensual bodily contact

334
Q

Elliot v C

A

Shed fire

335
Q

Why does the morally distinct part of Horder’s AR for assault render immediacy unimportant?

A

It focuses on V’s perception of D’s words as threatening for AR

336
Q

Outline the judgment in R v Elbekkay

A

CoA rejected pre-1976 law, accepting that Olugboja made a fresh start, but decided that the jury could not have failed to conclude lack of consent

337
Q

What are the two exceptions to the requirement of subjectivity in recklessness for William?

A

Intoxication (Caldwell) and anger

338
Q

R v Linekar

A

Prostitute paid

338
Q

In what case did Lord Lowry give five points for courts to consider before making radical developments?

A

C v DPP

339
Q

R v Martin

A

Theatre ‘fire’

340
Q

What two cases define MR for battery?

A

R v Venna and Haystead v Chief Constable of Derbyshire

342
Q

What are the three mistakes that the Law Commission gives as negating consent as a matter of law?

A

Nature of the act, identity of D and D’s freedom from STDs.

343
Q

DPP v Majewski

A

Forgetful

344
Q

What does Horder argue for an ‘independent role’ in assault?

A

Fear-inducing threats through the way fear can be caused - focus on morally significant way psychic assault is nearly always done through confrontation

345
Q

What is the ratio for R v B?

A

Look at refined purpose each individual has for entering into the act - she understood the act so not a deception

347
Q

What is the ratio in R v H?

A

Definition of touching sufficient for touching clothes for s.3

348
Q

R v Brady

A

Crippled pub

349
Q

What two cases support the fact that Majewski does not apply when substance is consumed and not known to be dangerous/alcoholic?

A

R v Bailey and R v Hardie

351
Q

What is the defence to s.4?

A

Reasonable belief

352
Q

What was the ratio in R v Jones (boy in air)?

A

Boy consented and boys did not foresee any harm, so defence to s.47

353
Q

Why does Lord Hoffman note that you cannot give a common sense answer to the application of causation in Empress?

A

Need to know more about scope and purpose of the rule to which it is to be applied

354
Q

Assange v Swedish Prosecution Authority

A

Condom

355
Q

What does John Gardner name as unnecessary qualifications to the essential wrong of causing harm?

A

Imminence and requirement of threats

356
Q

R v Wilson

A

Buttocks

357
Q

According to the CJA s.8, what is the proof of criminal intent?

A

Not enough to assume foresight due to ‘natural and probable consequences’ - D has actually to foresee them, by reference to all the evidence and drawing appropriate inferences

358
Q

What is the MR for s.1 SOA?

A

Intentionally penetrating the vagina, anus or mouth of another person with his penis

359
Q

What is the AR for s.3 SOA?

A

Touching that is ‘sexual’ for the purposes of s.78 and B does not consent

360
Q

What is the ratio for AKJ et al v Metropolitan Police Commissioner?

A

Fraud to obtain sexual relations is not illegal under SOA

361
Q

What are good enough reasons for consent to s.47 or s.20?

A

Medical treatment, tattooing (R v Wilson), boxing/regulated sport and male circumcision

362
Q

According to G Williams in ‘The Unresolved Problem of Recklessness’, what does the Draft Code of the LC plan to go back to?

A

Subjective recklessness

363
Q

What is the ratio for R v Satnam and Kewell?

A

Narrow definition of ‘belief’ - no doubt in D’s mind

364
Q

What is the AR for battery?

A

Any act by which one person makes or causes unlawful non-consensual bodily contact with another

365
Q

H v CPS

A

Mental patient

366
Q

What is a positive of the rival, fixed-formula approach to rape?

A

Respects need for certainty

367
Q

R v Olugboja [1982]

A

House rape

368
Q

What case supports the fact that for the AR of assault, V need not think something is actually going to happen, just apprehend it?

A

R v Ireland

369
Q

What is the ratio for R v C?

A

If relationship is unequal and abusive from the start, V does not change from submitting to consenting