Criminal Law Second Term Flashcards
DPP for NI v Lynch on MR
No intent needed, just knowldge
R v Hasan
Prostitute’s boyfriend
For s.6, does R v Wood have the necessary MR?
He thought it abandoned so no
R v Mitchell
Post office; transferred malice of dangerous act
R v Kingston
Intoxicated paedo
What case shows that it is irrelevant if V was happy for duty to be neglected?
R v Wacker
Why was a defence necessary in Re A?
Because of indirect intention
In which soft law instrument does it state that there needs to be a statistical link between the risks created by drinking and those created by D’s acts?
Modal Penal Code
R v Powell and English on fundamental difference
HoL found tenable argument that should have gone to the jury if wood is fundamentally different to a knife
What did Matthews and Alleyne highlight about indirect intention?
Jury must be told about discretion under Woollin
What are the two partial defences to murder?
Diminished responsibility and loss of control
R v Vinall
Bicycles at bus stop
What does the case of Diestchemann tell us about the causation of an abnormality?
Need not be the only reason, just substantial
When does Majewski not apply to basic intent (Brady)?
When D would have done the same sober
What is the basic definition of theft?
Dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
R v Velumyl
Company director
Why do Horder and McGowan prefer GNMS to UAMS?
Not limited specific non-fatal offence against V
Who argues that there should be a margin of sympathy for doctors under indirect intent?
Ashworth, “Criminal Liability in a Medical Context”
What section of Theft Act provides a get out, usually when it’s a gift?
S.3(2)
What is the only difference between s.18 and murder?
Chance outcome of death
R v Mitchell on s.6?
Court distinguished between hiding and leaving the object in an obvious place
R v Sutcliffe
Experts concluded together but still convicted
Who argued for an exclusionary effect of the insanity defence?
Child and Sullivan, “When does the Insanity Defence Apply?”
What case outlines the definition of a ‘human being’?
Attorney-General’s Reference (No.3 of 1994)
Why was R v Lloyd not a permanent deprivation?
Object still had virtue
Ratio in Watson?
Entire act need not be dangerous
What case showed that the question of whether condition was ‘significant’ for DR is left to the jury?
R v Khan
R v Clarkson
Barracks rape and friends
Lawrence v MPC on s.3
P deliberately omitted ‘without the consent of the owner’
What section is diminished responsibility under in CJA?
S.52
What judge in particular considered private defence?
Ward LJ
What did Hale suggest in Hasan to look after battered women?
Limit to forcing others to do criminal acts, suggesting Law Com’s suggestion of associating ‘without reasonable excuse
What are the three main elements of insanity?
1) defect of reason, (2) from disease of the mind (3) so as (a) not to know nature/quality of act OR (b) know it was wrong
Ratio in Dawson?
Not with hindsight
What case shows that diminished responsibility is not the same as insanity due to needing MR?
R v Byrne
What does the case of DPP for NI v Maxwell say?
Can infer from the fact you know P to be terrorists that weapons will be involved
R v Mitchell
Stolen car
R v Bailey
Pipe to batter wife’s lover
DPP for NI v Lynch
IRA hijacked
What does Hasan say primarily in duress by threats?
You cannot voluntarily associate with someone you know or ought to know uses threats to force others to do things
What does Keown believe was confused in Bland?
Sanctity of life and vitalism
What does Beckford v R show?
Most responses are reasonable if you believe your life to be in danger
What did Steyn reject in Hinks?
Appropriates is preceded by ‘unlawfully’
Carter v Richardson
Driving instructor and other drunk
who suggested the number of NGRI verdicts is levelling out?
Mackay “Ten More Years of the Insanity Defence”
Why was automatism refused as a defence in Coley?
Enough control to find the key
R v Pittwood
Train crossing
Tuck v Robson
After hours in pub (aid and abet)
What case shows that an omission cannot form a UA for UAMS?
Lowe
R v Burgess
Sleepwalking without external event so insanity
What Act covers theft and in what sections?
The Theft Act 1968, s.1-6
What are the elements of unlawful act manslaughter?
D committed an unlawful act, it was ‘dangerous’ and it ‘caused’ the death of V
What does R v Turner show about s.5?
You can steal your own property
Beckford v R
Policeman and brother gun
R v Safi
Hijack plane
Who gave the test for dishonesty in Ghosh?
Lord Lane CJ
R v Gnango on victim rule
Victims are capable of assisting offences against them
What case shows duress by threats is never a defence to murder?
R v Howe
R v Marshall
Ticket tout; travelcards belonged to LU
What case enforces the fact that the threat for duress needs to be of death/serious harm (e.g. Moriarty v Brookes –> Piercing skin)?
R v Dao
National Coal Board v Gamble on MR
Overweight lorry; knowledge, not intent
What is the MR for murder?
D needs to have intended death or GBH (R v Cunningham)
What did Mustill say to show his concern with adjudicating Bland?
‘proper subject for legal adjudication’?
R v Navabi
insufficient funds not theft because purely contractual right for bank to pay
Carter v Richardson on MR
A must realise D will commit with necessary MR
What did Ashworth suggest about 2nd degree murder under Law Com proposals?
May need a new label or juries may be way to convict under it
R v Asmelash
‘General’ in s.54(3) only applies to permanent disorder; can’t consider voluntary intoxication
Who in Hasan was concerned about battered women under duress by threats?
Hale
R v Hall
Travel agent
R v Yemoh
Manslaughter instead of murder
R v Pommell
Firearm friend suicide
What case shows Brennan not being followed in DR?
R v Sutcliffe
Which case, according to Rogers, conflicts fundamentally with Kennedy?
Evans
R v Hinks on s.2 dishonesty
Dolphin may still have consented to Hinks taking
Why was there no duty to continue treatment in Re B?
He rejected it
What was direction on intent at time of abandonment only sufficient for in R v Vinall?
Theft, not robbery
R v T
Rape and robbery; PTSD
R v Kohn
Steal whilst not in overdraft, but not when in it
Which case showed the courts rejecting voluntary intoxication and then deciding on a clan acquittal, despite liability for insanity?
R v Harris
R v Calhaem
C hired hitman, hammer
R v Dix
Reputable medical evidence
R v Dietschemann
Drunk, elderly aunt
What did the court reject in Bland as a possible route?
Expanding Re F
Why did the court reject expanding Re F in Bland?
He had no best interests of any kind
What section of what statute governs for self defence?
S.73 Criminal Justice and Immigration Act 2008
R v Bainbridge on MR
Can be liable if oxygen equipment used to steal but unlikely for assault as not in contemplation
A-G of Jersey v Holley
Depression; provocation. No mental disorder should be considered.
In what act can the two partial defences to murder be found?
Coroners and Justice Act 2003
R v Briggs
Elderly relatives moving close
What case shows that if you create a dangerous situation you may have a duty to V?
R v Evans
R v Bailey
Nickel loan; looked at Ghosh too soon when agreement in law
R v Hinks
Short sliver of time to give contemporaneity
R v Bainbridge
Oxygen equipment for safes
R v Bryce
Caravan; aiding by bringing him into company
Why was it decided that they could turn off the machine in Bland?
No hope, best interests have gone so no duty to keep him alive
Why was Hardie not a case of intoxication?
Didn’t realise he would become intoxicated
R v Clarkson on MR for accessories
Requires intent that presence assists
A-G Ref (No.3 of 2004)
Mobster, shot in air, fundamentally different
What should the trial judge not have said in Woollin?
‘substantial risk’ because blurs line between MS and murder
R v Adomako
Eye anaesthetist; oxygen
What was the UA in Meeking?
Road Traffic Act
R v Shayler
MI5 plots
What do the cases of Tuck v Robson and R v Webster show D has a duty to do in order to avoid aiding and abetting?
Stop a crime if they have the power
What is the moral equivalent thesis of 1st degree murder under Law Com proposals?
Awareness of significant risk is equal to intending, so both are applicable.
What was decided in R v Velumyl under s.6?
Needs to pay back the exact money he took to not be guilty
What case shows you can rely on intoxication as a way to prove lack of MR?
R v Lipman
What is the direction in Golds on effect of abnormality?
Must be more than ‘trivial or minimal’
What does Clinton say about infidelity for loss of control?
If it was the only cause , no defence , but usually a range
R v Hardie
Valium, fire
What case shows that D needs to directly intend the outcome to have direct intention; i.e. not just appear to be helping?
R v Steane
What does Rogers say about necessity and P?
Necessity challenges the supremacy of P
R v Saunders and Archer
Poison apple for wife but son
What section does R v Gilks fall under?
S.5: obtained property by mistake and duty to restore
R v Bryce on MR of accessories
Didn’t need to know P would go through with it, just a real possibility
R v Hatton
Sledgehammer, martial arts
Who said the degree of foresight is high enough to be sufficiently close to culpability associated with murder?
Rogers
R v Cheshire on causing the death?
Only need logical link, regardless of intervention
R v Oye
Devil constables
In what case were the points in C v DPP so important as to mean no defence of necessity was given?
R v Nicklinson
Ratio in Calhaem?
Not necessary to show counselling was a substantial cause of offence
What case shows breach must create an obvious risk of death to the reasonable person?
R v Misra
R v Codere
Knew it was unlawful
R v Rahman on accessory and acting outside common purpose
Rodger considers if P and D want to kill A, but P kills BDEF, D only liable for A
R v Lowe
Neglect
Why was the case of Quick automatism?
Caused not by disease (insanity) but by insulin (automatism)
Re A
Surgical separation
What is an additional defence under duress by circumstance?
S.31 Immigration and Asylum Act 1999
R v Wood
Abandoned; honest unreasonable belief owner was gone
R v Pitham and Mehl
Trying to sell furniture; guilty of assumption
R v Tyrrell
Underage sex; can’t convict V because protected
Oxford v Moss
Exam paper
R v Gomez on consent in s.3
It is irrelevant for indefeasible or voidable title
Edwards v Ddin
Petrol in car; no MR at time of appropriation
R v Dowds
Drunk and wife
R v Morris
Switched labels
Who highlights that 1st degree murder under the Law Commission’s Recommendations for Homicide Law Reform confirms to ‘moral equivalence thesis’?
Ashworth
What case shows uncertain scope of GNMS does not violate Art.7 ECHR?
Misra
What case throws doubt on R v T?
Coley
What case did allow duress by threats as a defence but would now come under complicity rules?
R v Lynch
R v Kingston
Paedophile drug
R v Nedrick
Lighted petrol; subjective intention/virtual certainty
R v Woollin
Throw baby
What did they never find in Beckford v R?
A gun
Who said that Bland leaves the law in a ‘morally and intellectually misshapen’ state?
Mustill
R v Rahman
Three stab wounds; only need to foresee necessary MR, not exact MR
R v Gianetto
Enough to encourage for aid and abet
R v Brown
Adjustment disorder
What Article is activated by the NGRI verdict?
Article 5 ECHR
R v Gnango on JE
Crown Court was wrong; needs to be a distinct Crime A and Crime B
R v Dawson
Petrol station
R v Thabo Meli
Beat up, cliff
What did R v Mendez note about the FD rule and guidance?
The FD rule is unclear, leading to confusing guidance set out in paragraph 14
R v Ghosh
Surgeon, consultancy fees
R v Hasan on Hudson and Taylor
Wrongly decided
What was the ratio in Thabo Meli?
You can find causation through a sequence of acts; not necessarily all together
What two cases show V must be aware if D is to be convicted of GNMS for undertaking responsibility?
R v Evans; R v Sinclair, Johnson and Smith
R v Brennan
All experts agreed
Why does Majewski not apply to murder?
Majewski is only for basic intent offences
What is Calhaem an example of ?
Counselling
R v JM and SM
Bouncers; case left to jury
R v Turner (No.2)
Service station
R v Meeking
Motorway handbrake
Corcoran v Whent
Ate food then planned to run off - already appropriated
Re B
Paralysed
R v Bronson
Police hostage
What does s.8 CJA say about direct intention for murder?
You cannot infer it from natural/foreseeable consequences
What case conflicts with A-G Ref (No.1 of 1983) on s.3?
R v Gresham
What type of defence is necessity?
Utilitarian
Sharman v HM Coroner for Inner North London & Another
Coffee table leg
What is the one requirement of the defendant in duress by circumstance in terms of a positive duty?
Seek police protection if possible
What are the two key phrases Coke gave for his definition of murder?
‘Malice aforethought’ and ‘man of sound memory’
R v Webster on AR
Drink driving friend accomplice by not stopping him
What section of CJIA does Hatton fall under?
S.76(5)
R v Gamble
Kneecapping; knife to slit
R v Church
Mock sexually
R v Wacker
Illegal immigrant
What was Edmund Davies LJ’s direction for ‘dangerous’ in UAMS?
‘such as all sober and reasonable people would’ perceive the risk of at least ‘some harm’
A-G Ref (No.1 of 1975)
Laced friend’s drink; driver
What two cases show intoxication cannot lead to a partial defence for murder (without a recognised mental condition for DR, e.g. Dietschemann)?
R v Asmelash (loss of control) and R v Dowds
What three cases show murder throw omission?
R v Matthews and Alleyne; Re B; Airedale NHS Trust v Bland
R v Khan
If condition was ‘significant’ is left to the jury
R v Bowen
Cannot consider anything for duress by threats that makes D more vulnerable outside of age/gender
R v Clarke
Shoplifting
R v Feely
Manager in betting shop; intention to repay irrelevant
R v Scarlett
Drunken customer
What two cases show that D’s actions must be seen to reasonably relate to their objective in duress by circumstance?
Shayler and Bronson
R v Golds
Sever psychosis
R v Bryce on MR
Final word: knowledge is enough for assisting/encouraging
A-G Ref (No.1 of 1983)
Policewoman overpaid
What are Kington and A-G Ref (No. 1 of 1975) examples of?
Procuring
R v Church on causing the death?
Need only have the different elements at some point during the event
What abnormality was found in Brown to fit under DR?
Adjustment disorder
Who gave two ways an act can be involuntary; by its nature (flight) and by V’s characteristics (R v Blaue)?
T Jones
R v Singh
Carbon monoxide; manager of flats
What was decided in Briggs?
Deceptions are not covered in the Theft Act
what is the modern definition of murder?
An act or omission causing the death of a human under the Queen’s peace, done with an intent to kill or seriously harm any human being
Why is it unlikely duress by circumstances will allow defence for murder?
Modelled off duress by threats
Lawrence v MPC
Overcharged student; regardless of consent to appropriation
Why was Lipman not automatism?
Voluntary intoxication
What does s.73 SOA seem to acknowledge?
Doctors would be liable for accessory after Bryce
R v Valderrama-Vega
‘But for’ cause, so motivated by threat to release homosexual activities and money, but mostly personal violence
Attorney-General’s Reference (No.3 of 1994)
independent existence from mother needed
When is the only time intoxication is a defence?
When no MR as a result
why was the defence of intoxication not allowed in Kingston?
He knew what he was doing was wrong so still had MR
Re A
Conjoined twins
R v Hudson and Taylor
Consider D’s position for reasonable reaction
What case gives a ‘but for’ cause for duress by threats?
R v Valderrama-Vega
R v Quayle and others
Cannabis pain
What three types of duty of care are there under GNMS?
Special relationship/created dangerous situation/undertook responsibility
What case shows reputable medical evidence is needed for DR?
Dix
Why was R v Hall not guilty under s.5?
Breached contract but no obligation to deal with specific money in a certain way
R v Bristow
JE; deserted farm
Name at least two cases which have found a disease of the mind to comply with insanity against modern perception?
R v Kemp (restricted), Sullivan (epilepsy), Hennessy (hyperglycaemia) or Burgess (sleepwalking)
What does the case of Safi show about duress by circumstance?
D needs to reasonably believe he had to do what he did to escape
What kind of intent was found in Re A, requiring a defence?
Oblique/indirect
What should the court have said in Oye?
Insane delusions are not mistaken beliefs
What does the case of Dowds say about DR?
If you’re drunk, no DR defence
What happened in R v Dawes in regard to the judgment?
Decided that he didn’t attack with intention of providing defence, but couldn’t prove loss of control anyway
What Act gives the minimum periods for murder?
Criminal Justice Act 2003
who believes that it is wrong to damn intoxication as a wrong in itself purely due to its risky nature?
Simester, Intoxication is never a defence.
DPP v Camplin
Chapatti
How does Rogers suggest any breach of Art.7 could be avoided under liability for death arising from drug misuse?
List of examples of relationships leading to duty of care
What does Camplin say about s.54(3) of CJA for loss of control?
Reasonable person must be of same age and gender
Name at least three cases on the fundamental difference rule
R v Powell and English; A-G Ref (No.3 of 2004); R v Gamble; R v Rehman
Why could R v Coley not rely on automatism?
Voluntary intoxication through cannabis (external factor)
What is the test for dishonesty in Ghosh?
‘according to the ordinary standards of reasonable and honest people what was done was dishonest’ and D realised it was dishonest
What does Lawrence v MPC show about s.3?
Regardless of consent to appropriation
Why did Kay v Butterworth not fall under automatism?
Realised she was drowsy
R v Matthews and Alleyne
River
What does Gillick clash with on MR for accessories?
DPP for NI v Lynch; National Coal Board v Gamble
Which case created defence of duress by circumstance?
R v Conway
R v Windle
Only means legally wrong, not morally; spoke about hanging for giving suicidal wife an overdose.
What does Rogers advocate for private defence?
For it to be extended
R v Sullivan
Epilepsy
R v Watson
Burglary
What case shows duress by threats is never a defence to attempted murder?
R v Gotts
DPP v Newbury
Paving slab
Who argues for a ‘quasi-causal relation… of controlling influence’ when D causes V’s suicide through abuse?
Horder and McGowan
Why should the trial judge not have referred to ‘substantial risk’ in Woollin?
blurs line between murder and MS
What are two partial defences to murder?
Loss of control and diminished responsibility
What is R v Yemoh authority for?
D is liable for the lesser offence he did anticipate
R v Gresham
Partner died but repayments; need to actually touch money
R v Lipman
LSD; Snake
Why could Bailey not rely on automatism?
He allowed himself to get into the state he did.
R v Powell and English
Drug trade (P knew knife) and policeman (E didn’t know knife)
R v Gomez
Defunct cheque; voidable title but still theft
What two cases show D undertaking a responsibility through their job for GNMS?
R v Singh; R v Pittwood
R v Quick
Hypoglycaemia; patient assaulted.
What are the two main cases on indirect intention?
R v Nedrick; R v Woollin
What are the requirements for automatism?
Complete loss of control without D’s knowledge
R v Mendez
House party; knife unknown but knew wood
A-G Ref (No 1 of 1983)
Policewoman overpaid; sufficient to keep in bank
Who said that Nedrick;Woollin may have widened intention too much, forcing Re A to find a defence?
Rogers
R v Beccera
Left through window; need more overt at scene of crime?
Why was Clarke not considered a case of insanity?
absentmindedness is not insanity.
R v Dudley and Stephens
Sailors; hierarchical
R v Kemp
Restricted blood; beat son
DPP for NI v Maxwell
IRA terrorists
R v Gnango
Bandana man
R v Smith & Others
Robbery of heroin dealer
‘Like a brother’ in GNMS?
R v Johnson, Sinclair and Smith
What academic argues for two possible reforms to involuntary manslaughter; ‘Good Samaritan’ or liability for death arising from drug misuse?
J Rogers
What two cases outline a test for dishonesty when not covered in s.2?
Feely and Ghosh
R v Graham
Reasonable person for duress by threats
What was the ration in Bristow?
For JE dangerousness is considered at the outset
What did the case of Pommell show about duress by circumstance?
Not limited to driving offences
What two cases regretted the decision in R v Cunningham?
R v Rahman and A-G Reference (No.3 of 1994)
Why is it debatable if omission in Dobinson amounted to causing death?
V may not have ben sectioned anyway
Why does Keown argue Bland has confused the law?
Prohibits active but allows passive killing.
R v Harris
Reckless arson
What are the three mental condition defences?
Intoxication, insanity and automatism
R v Bourne
Wife and dog
What are the two types of involuntary manslaughter?
Gross negligence and unlawful act
R v Lipman
LSD
What two cases show UAMS ‘dangerous’ test is objective?
DPP v Newbury; Church
What two cases show it is not a duress by circumstance unless the threat is only a one-off?
R v Quayle and London Borough of Southwark v Williams
What five points were not discussed in Re A but should have been?
Lord Lowry’s five points from C v DPP (special defence for 10 - 14?)
R v Marshall on s.6?
Exposed LU to risk of permanently losing tickets
London Borough of Southwark v Williams
Homeless trespass
What are the three defences to being an accessory?
P acts outside common purpose, A withdraws effectively and A is a protected victim
Which case shows that when all experts agree on significant cause, the case should not go to trial?
R v Brennan
R v Hennessy
Hyperglycaemia without intoxication (hasn’t taken anything) not automatism.
R v Grundy
Information to burglar 2 weeks before
R v Carey et al
Punch/chase
R v Steane
German broadcast
R v Lloyd
Cinema projections
R v Hinks on s.3
Small sliver of time to appropriate
R v Majewski
Intoxication not to deny MR for basic intent
How was Re A distinguished from Dudley?
Not playing God, marked for death, not clearly against morality, indirect as opposed to direct intent
To what Article does Rogers refer to show lethal force is permitted to defend from unlawful violence?
Article 2(2)(a) ECHR
In what case did D plead guilty to avoid the insanity defence?
R v Sullivan (epilepsy)
What case shows the need for evidence of a close relationship under GNMS?
R v Evans
R v Dao
Cultivating cannabis
What was the UA in Scarlett?
Battery
Anorexia in GNMS?
R v Dobinson
R v Dadson
Felon
What does Oxford v Moss show about s.4?
Property does not include trade secrets/confidential info
DPP v K and B
Girl, bullies, boy
Gillick on MR for accessories
Intent not to encourage so no MR
R v Le Bron
Dragging
What case is the most important for proving causation under murder?
R v Thabo Meli
R (Ricketts) v Basildon Magistrates’ Court
Charity shop - Oxfam and BHF
What right was appropriated in Morris?
Right to decide price
Kay v Butterworth
Sleeping soldiers
What does Mendez suggest about the fundamental difference rule?
It might be about whether the object is fundamentally more likely to kill
R v Dawes
Man with wife
R v Byrne
DR not same as insanity
What elements are needed for GNMS?
D owed a duty of care not to harm/to assist V, D did or failed to do something in breach, breach created obvious risk of death, breach caused V’s death and D’s negligence was so gross as to merit criminal culpability
R v Gilks
Horse bet, lost but won
R v Marshall
Ticket tout
R v Conway
Created defence of duress by circumstances; dangerous driving getaway
What was said about the precise level of certainty in Nedrick?
‘little short of overwhelming’
What section is loss of control under in CJA?
S.54/55
Who suggests we should do away with indirect intention for murder?
Rogers
Who said it is criminal homicide to create a situation so cruel that death is preferable?
Jerome Hall
Who argues that necessity should never be used unless there is no other defence?
Rogers, “Necessity, Private Defence and the Killing of Mary”
R v Cogan and Leak
Roleplay
What was the defence found in Re A?
Defence of necessity
Mitchell v King
Must be an overt withdrawal from participation
R v Maloney
Son father, drunk.
R v Millward
Defective tractor and public highway
R v Brady
Pub fall
Gillick v West Norfolk Health Authority on aiding and abetting
would aid boyfriend so AR present
What case shows simple negligence is not sufficient for criminal law?
R v Adomako
Ratio in Le Bron?
Likely that intention for UA needs to be linked to cause; if intention in taking her into the house was to say sorry, not liable, but if to get her off the street then yes
What was the guidance given in R v Woollin?
‘Virtually certain and not entitled to infer intention’
What does R v Smith & Others show about s.4?
Property includes unlawful possession
What case shows there is no light assumption of abandonment?
R (Ricketts) v Basildon Magistrates’ Court
What is the AR for murder?
Anything CAUSING death
R v Clinton
Infidelity
R v Coley
Video games
Airedale NHS Trust v Bland
Hillsborough PVS
What two cases suggest reckless manslaughter no longer exists?
R v Adomako; R v Lidar
What is the principal case for insanity in giving a definition?
M’Naghten’s Case from 1843
How does Jones’ conclusion and Rogers’ conclusion differ on involuntary manslaughter?
Rogers thinks only when supply is for gain; Jone doesn’t mention
what are the requirements of Article 5?
Right to liberty and security from arbitrary detainment.
What case shows you can only give reasonable person in duress by threats same age and gender as D?
R v Bowen
What is the ratio in R v Dadson?
Cannot rely on self-defence if you didn’t not know you could have acted in self-defence prior to acting
Who agrees with Rogers that there should be offence for causing death by supply?
T Jones
What were the three routes the court considered in Re A?
Family law, criminal law and private defence
What did the appellant in Beckford allege?
That he had been shot at, so he fired back
R v Webster on MR of accessories
Needs to think it likely, then omission once he realises his friend is drunk
