Criminal Law Second Term - THEFT EXTRA

Question 1

R v Feely test for dishonesty

Answer 1

‘ordinary, decent people’

Question 2

What is s.2(1)(a) based on under old law?

Answer 2

Colour of right defence

Question 3

what is s.2(1)(c) based on under old law?

Answer 3

Finder’s defence

Question 4

What is a huge disadvantage of the Ghosh test?

Answer 4

Means D can get off by saying ‘but I thought everyone did it’

Question 5

What did MPs try to claim under the Ghosh test?

Answer 5

‘Office culture’ of lying on expenses form

Question 6

What shows the popularity of the Ghosh test among judges?

Answer 6

Element of common law offence of conspiracy to defraud due to popularity with judges despite issues

Question 7

What is the legal principle that Ghosh undermines?

Answer 7

Article 6 ECHR and RoL

Question 8

In what two cases was the joint enterprise and fundamental difference rule so confusing that written guidance and flow charts were needed?

Answer 8

Fury and Badza

Question 9

What did Simester and Sullivan argue about JE’s relationship with aiding, abetting and counselling?

Answer 9

Completely not connected - JE requires a common purpose, requiring D to foresee rather than just encourage/help Crime B

Question 10

Michael Moore on derivative liability?

Answer 10

Fundamentally at odds with the idea that criminal liability is based on personal responsibility

Question 11

Why would subjectivists object to complicity?

Answer 11

Relies on moral luck - D should be liable for what they have planned to help, regardless of what P does

Question 12

What case did Powell and English overrule?

Answer 12

R v Chang Wing-Siu

Question 13

How did Powell and English overrule Chang Wing-Siu?

Answer 13

Said that there is a JE regardless of if the action is authorised or not

Question 14

When does the fundamental difference rule not apply (due to D’s acts)?

Answer 14

If D sees the new weapon and continues (R v Uddin)

Question 15

R v Uddin

Answer 15

Cannot use fundamental difference rule if D sees the new weapon and continues

Question 16

Who do S&S think would have supported abolition of insanity?

Answer 16

Thomas Szasz

Question 17

Why would Szasz perhaps have supported the abolition of insanity?

Answer 17

Termed mental illness a convenient myth exploited by the ‘ill’

Question 18

What did Norval Morris say of insanity?

Answer 18

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

Question 19

Who suggests an alternative to insanity defence?

Answer 19

Norval Morris - making use of civil commitment

Question 20

Under what Act do medical witnesses support disease of mind for insanity?

Answer 20

Criminal Procedures (Insanity and Unfit to P…) Act

Question 21

What is the evidence under the CP(I and UtP)A for insanity?

Answer 21

From medical witnesses on LEGAL guidelines for insanity

Question 22

What did Sutherland and Gearty highlight about Article 5 ECHR about insanity?

Answer 22

Evidence under the CP(I and UtP)A is not sufficient for ‘objective medical expertise’ as they follow legal, not medical, guidelines

Question 23

Who showed insanity defence does not always match Article 5 ECHR?

Answer 23

Sutherland and Gearty

Question 24

Why is the burden of proof on the defendant for DR and insanity?

Answer 24

Presumption of sanity

Question 25

What case under DR confirmed that ICD 10 and DSM are not conclusive for DR recognised medical condition?

Answer 25

R v Dowds

Question 26

Under what law was Dietschemann decided?

Answer 26

Old law of diminished responsibility

Question 27

What would Dietschemann now need to decide under new law of DR?

Answer 27

That grief was a causal factor

Question 28

What did the Law Com No.304 suggest about DR?

Answer 28

Provision for developmental immaturity of D

Question 29

Why did the government reject the suggestions in Law Com No.304?

Answer 29

Ministry of Justice thought that conditions like autism etc were covered already under recognised mental condition

Question 30

What section did Law Com No.304 recommend on?

Answer 30

DR

Question 31

Under what Schedule of the CJA are the minimum periods for murder covered?

Answer 31

Schedule 21

Question 32

Why couldn’t UAMS be used in R v Dobinson?

Answer 32

Neglect (R v Lowe)

Question 33

Who argued that preoccupation should not defeat recklessness unless recklessness is inappropriate anyway?

Answer 33

Williams (bike idea)

Question 34

What did Gardner argue about imminence and threats for assault, agreeing with Horder?

Answer 34

They are unnecessary requirements to the essential wrong of causing harm

Question 35

What two academics argued that the imminence requirement of assault is unnecessary?

Answer 35

Gardner and Horder

Question 36

How has Ashworth’s criticism in ‘Criminal Liability in a Medical Context’ partly been implemented?

Answer 36

Said doctors should have a defence as socially justified (e.g. contraception to under 16s) - now in s.73 SOA

Question 37

What kind of question is the issue of whether D failed or did something in breach of his duty under GNMS?

Answer 37

Factual - left to the jury

Question 38

Who argued that derivative liability is fundamentally at odds with the foundation of criminal law - personal responsibility?

Answer 38

Michael Moore