Criminal Section B

Question 1

Murder- what case says life begins at birth

Answer 1

AG ref ( of 1994)

Question 2

Murder
What case says life sustaining treatment can be withdrawn/ in what circumstances?

Answer 2

Airedale NHS trust v Bland
In patients best interest + courts permission

Question 3

Murder
What case says countries not under kings peace in war

Answer 3

DPP v Clegg

Question 4

UAM
What case says only need MR for unlawful act

Answer 4

DPP v Newbury and jones

Question 5

WHere is loss of control defined?

Answer 5

S54 coroners + Justice Act 2009

Question 6

Theft
What case says you can steal your own property?

Answer 6

R v Turner

Question 7

Theft
Under S5(4) belonging to another, what case says that if got property by mistake, legal obligation to return?

Answer 7

AG ref (1 of 1983)

Question 8

Theft
What are the 2 parts of the Ivey v Genting test?

Answer 8

What did D know circumstances to be

Based on this, would D’s conduct be considered dishonest from ordinary standards of reasonable/ honest people

Question 9

Theft
How is Intention to permanently deprive defines?

Answer 9

Intending to treat property as ones own to dispose of
DPP V Lavander

Question 10

Theft S6
What case says that when borrowing, must return exact property

Answer 10

R v Velumyl

Question 11

Burglary
WHat Case says entering another room can be entering part of a building

Answer 11

R v laing

Question 12

Burglary
What case is used for
‘Must have intention or recklessness to trespass’

Answer 12

R v Collins
If believe invited, no MR to trespass

Question 13

Burglary/attempts
What case says that conditional intent is enough

Answer 13

AG Ref (no. 1 and 2 of 1979)

Question 14

Insanity
What’s the main case in insanity +the 4 rules

Answer 14

M’Naughton rules
- suffering from defect of reasoning
-Caused by disease of the mind
-DOnt know nature of act,
-Or didnt know conduct was wrong

Question 15

Insanity
What isn’t enough to be defect of reasoning

Answer 15

Confusion

Question 16

Insanity
What does disease of the mind mean + case

Answer 16

Malfunctioning of the mind- cause must be internal
Hennessy- caused by diabetics

Question 17

Insanity
What is meant by Doesn’t understand nature of act?

Answer 17

No idea at all (unconscious)
Or some idea but mistaken- doesn’t know what doing

Question 18

Insanity
Case showing must think act isn’t Legally wrong, not just morally

Answer 18

Johnson

Question 19

What test is used in Duress? And its two parts

Answer 19

Graham
1. D only acted because reasonably believed he would suffer serious violence if not

2. Would a sober person of reasonable firmness, sharing same characteristics as C have responded in same way

Question 20

Self- induced Duress
Case for when it wasn’t actually a violent gang

Answer 20

R v Shepherd

Question 21

Case of Duress of Circumstance

Answer 21

R v Willer

Question 22

Burglary
What case shows that a building needs a degree of permamency

Answer 22

BS v Leathley