Criminal Law Second Term - THEFT EXTRA Flashcards
R v Feely test for dishonesty
‘ordinary, decent people’
What is s.2(1)(a) based on under old law?
Colour of right defence
what is s.2(1)(c) based on under old law?
Finder’s defence
What is a huge disadvantage of the Ghosh test?
Means D can get off by saying ‘but I thought everyone did it’
What did MPs try to claim under the Ghosh test?
‘Office culture’ of lying on expenses form
What shows the popularity of the Ghosh test among judges?
Element of common law offence of conspiracy to defraud due to popularity with judges despite issues
What is the legal principle that Ghosh undermines?
Article 6 ECHR and RoL
In what two cases was the joint enterprise and fundamental difference rule so confusing that written guidance and flow charts were needed?
Fury and Badza
What did Simester and Sullivan argue about JE’s relationship with aiding, abetting and counselling?
Completely not connected - JE requires a common purpose, requiring D to foresee rather than just encourage/help Crime B
Michael Moore on derivative liability?
Fundamentally at odds with the idea that criminal liability is based on personal responsibility
Why would subjectivists object to complicity?
Relies on moral luck - D should be liable for what they have planned to help, regardless of what P does
What case did Powell and English overrule?
R v Chang Wing-Siu
How did Powell and English overrule Chang Wing-Siu?
Said that there is a JE regardless of if the action is authorised or not
When does the fundamental difference rule not apply (due to D’s acts)?
If D sees the new weapon and continues (R v Uddin)
R v Uddin
Cannot use fundamental difference rule if D sees the new weapon and continues
Who do S&S think would have supported abolition of insanity?
Thomas Szasz
Why would Szasz perhaps have supported the abolition of insanity?
Termed mental illness a convenient myth exploited by the ‘ill’
What did Norval Morris say of insanity?
If mental condition precludes MR, unqualified acquittal; if dangerous, then civil commitment (Mental Health Act and if MR, then convict and take disorder into account afterwards
Who suggests an alternative to insanity defence?
Norval Morris - making use of civil commitment
Under what Act do medical witnesses support disease of mind for insanity?
Criminal Procedures (Insanity and Unfit to P…) Act
What is the evidence under the CP(I and UtP)A for insanity?
From medical witnesses on LEGAL guidelines for insanity
What did Sutherland and Gearty highlight about Article 5 ECHR about insanity?
Evidence under the CP(I and UtP)A is not sufficient for ‘objective medical expertise’ as they follow legal, not medical, guidelines
Who showed insanity defence does not always match Article 5 ECHR?
Sutherland and Gearty
Why is the burden of proof on the defendant for DR and insanity?
Presumption of sanity
