Last minute Law forgotten points Flashcards
What act is an example of an omission due to act of parliament?
Children and Young Persons Act 1933
What case defined intent for mens rea?
Mohan
What are the types of intent?
Direct and indirect eg Matthews and Alleyne (thrown off bridge)
What case set out the criteria for strict liability?
Gammon (Hong Kong) LTD v Attorney General for Hong Kong
What is the criteria for strict liability?
Presumption of mens rea, truly criminal, statute clearly excludes mens rea, public safety or social concern, encourages greater vigilance
What is the max sentence for s47?
5 years, and is the same for s20
What are the cases used for battery?
Thomas, Haystead (indirect) and Venna for mens rea
What are the cases used for ABH?
Chan Fook, Smith and for Mens rea its Roberts and Savage
What is the mens rea for S20?
Maliciously, as defined in Cunningham and Savage, Case example is Parmenter where there was no mens rea
What is mens rea for s18?
Malicious and further, specific intent, case example is Belfon and the razor
What are the principles behind procedure?
All of the main ones plus the criminal procedure rules 2011
What act is to do with bail?
Bail act 1976 gives general right to bail
Who pays for duty solicitors, making them free for those who need it?
The legal services commission
What act is related to sentencing?
Criminal Justice Act 2003 S142 (regard purposes of sentencing)
What financial sentences can Magistrates impose?
Up to £5000
What can an appeal judge do?
Affirm, vary or reverse judgements made by trial judge, but won’t change their finding of fact as they weren’t there
What act reverses the burden of proof?
Civil Evidence Act 1968
What are the cases for res ipsa loquitur?
Scott v London and St Katherines Docks, Mahon v Osborne and Pearson v North Western Gas Board
What negligence cases go to the county court?
Under £50000, then allocated to track system
What rules are followed with damages?
General principle of mitigation and loss
What are the three main areas of general damages?
Pain/suffering/loss of amenity, future medical care/personal assistance, and loss of future earnings
What are some examples of guidelines for damages for pain/suffering/loss of amenity?
Infertility with kids is £10000-£20000. Moderate knee injury is £8000-£14750. Blindness in one eye is £27000-£30000
What is a case example for future medical care/personal assistance?
Giambrone v JMC Holidays
How are damages for future loss calculated?
Claimant net annual loss x earning years left
What act is involved with calculating future loss?
Damages Act 1996-takes into account expected rare if return from investments
What act is involved in payment of damages?
Damages Act 1996-structured settlements
