Criminal_Law_final_cases

Question 2

To demonstrate coincidence of actus reus and mens rea as a continuing act

Answer 2

Fagan v. Metropolitan Police Commissioner

Question 3

To Demonstrate Coincidence of actus reus and mens rea in relation to a failure to act

Answer 3

R V Miller

Question 4

To demonstrate coincidence of actus reus and mens rea as part of a single transaction

Answer 4

R v Church

Question 5

To show the ‘but for’ test in factual causation

Answer 5

R v White

Question 6

To show the operation of legal causation where there are multiple cases

Answer 6

R v. Pagett

Question 7

To illustrate the the victim’s act can break the chain of causation

Answer 7

R v Roberts

Question 8

To show that a contractual duty to act can give criminal liablity for omission

Answer 8

R v Pittwood

Question 9

To illustrate the test for oblique intention

Answer 9

R v Woolin

Question 10

To show the test for subjective recklessness

Answer 10

R v Cunningham

Question 11

To show the test for objective recklessness

Answer 11

R v Caldwell

Question 12

To set out the test for recklessness in criminal damage

Answer 12

R v G

Question 13

To explain the notion of more than merely preparatory

Answer 13

R v Griffen; R v Geddes

Question 14

To Illustrate contingent plans are still plans to commit an offence

Answer 14

R v. Jackson

Question 15

To show that an accessory must have some knowledge of the criminal purpose of the principal

Answer 15

R v. Brainbridge

Question 16

To illustrate the extension of the principle from Brainbridge to include one of a rangeof offences within the principal’s contemplation

Answer 16

Maxwell v DPP for Northern Ireland

Question 17

To show how a defendant might withfraw from participation

Answer 17

R v Rook

Question 18

To show what a defendant must do to withdraw from participation

Answer 18

R v Beccerra

Question 19

To show how withdrawal works in spontaneous offences

Answer 19

R v Robinson

Question 20

To set out the criteria for departure from the common plan

Answer 20

R v Powell; R v English

Question 21

To illustrate the position where an abnormality of mind is not the sole cause of killing

Answer 21

R v Dietschmann

Question 22

To show that sexual infidelity may be taken into account when considering qualifying triggers for loss of control

Answer 22

R v Clinton, Parker and Evans

Question 23

To show that involuntary manslaughter requires a criminally lunlawfull act

Answer 23

R v Lamb

Question 24

To show that the criminally unlawful act must be positive

Answer 24

R v. Lowe

Question 25

To set out the test for dangerousness in constructive manslaughter

Answer 25

R v Church

Question 26

To show that a defendant need not recognise the dangerousness of their act

Answer 26

R v Newbury and Jones

Question 27

To illustrate breach of duty in gross negligence manslaughter

Answer 27

R v. Adomako

Question 28

To demonstrate words and silence as a basis for common assault

Answer 28

R v. Ireland

Question 29

To show the requirements for immediacy in common assault

Answer 29

R v. Constanza

Question 30

To demonstrate that consent is only a defence to battery and not to bodily harm unless in the public interest

Answer 30

R v Brown

Question 31

To show that psychiatric injury can amount to bodily harm

Answer 31

R v Ireland; Burstow

Question 32

To illustrate the operation of half mens rea in relation to ABH

Answer 32

R v Savage

Question 33

To set out the test of racklessness applicable to s. 20 OAPA

Answer 33

DPP v Parmenter

Question 34

To illustrate the relationship between conclusive presumptions and broader definition of consent in the Sexual Offences Act 2003

Answer 34

R v. Jheeta

Question 35

To demonstrate the relationship between consent in rape and intoxication

Answer 35

R v Bree

Question 36

To show the operation of lawful excuse in relaion to protection of property

Answer 36

R v Hunt

Question 37

To show the meaning of endagerment of life in relation to aggracated criminal damage

Answer 37

R v Steer

Question 38

To illustrate the meaning of appropriation in relation to gifts

Answer 38

R v Hinks

Question 39

To set out the test for dishonesty

Answer 39

R v Gosh

Question 40

To show when borrowing can amount to outright taking

Answer 40

R v Lloyd

Question 41

To show that appropriation can be a continuing act in relation to robbery

Answer 41

R v Hale

Question 42

To illustrate what constitutes part of a building for burglary

Answer 42

R v. Walkington

Question 43

To show the requirements for trespass in burglary

Answer 43

R v. Collins

Question 44

To show that trespass can include exceeding permission to enter

Answer 44

R v. Jones and Smith

Question 45

To show what is meant by defect of reason in insanity

Answer 45

R v Clarke

Question 46

To illustrate the meaning of disease of the mind in insanity

Answer 46

R v. Sullivan

Question 47

To show that wrong means contrary to law for the purposes of insanity

Answer 47

R v Windle

Question 48

To show that automatism requires a complete loss of control

Answer 48

Broome v Perkins

Question 49

To illustrate that intoxication through “Dutch courage” cannot be used to avoid criminal liablity

Answer 49

A-G for Northern Ireland v . Gallagher

Question 50

To show that the effect of intoxication on a defendant’s mind is only relevant to crimes of specific intent

Answer 50

DPP v Majewski

Question 51

To set out that consumption of non-dangerous drugs amounts to involuntary intoxication unless that consumption was reckless

Answer 51

R v Hardie

Question 52

To show that involuntary intoxication is only successful if the defendant is incapable of forming mens rea

Answer 52

R v Kingston

Question 53

To show that honestly held mistaken belief is sufficient for self-defence to be availabe

Answer 53

R v Williams (Gladstone)

Question 54

To show that the use of preemptive force may be lawful

Answer 54

Beckford v R

Question 55

To show that threats must be operating on a defendant at the time of the threat

Answer 55

R v Hudson and Taylor

Question 56

To illustrate that there must be a link between the threat made and the offence committed

Answer 56

R v. Cole

Question 57

To set out the two-stage test for duress

Answer 57

R v Howe

Question 58

To show that an active gang member cannot use duress if they are pressurred to offend

Answer 58

R v Sharp

Question 59

To exemplify duress of circumstances

Answer 59

R v Willer