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Case Studies For Law > NON-FATAL > Flashcards

NON-FATAL Flashcards

1
Q

Case for AR must be voluntary

A

(Hill v Baxter)

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2
Q

Duty to act as parents

A

(Gibbins v Proctor)

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3
Q

Assumed duty to act

A

(Stone v Dobinson)

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4
Q

Contractual duty to act

A

(R v Pittwood)

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5
Q

Duty to act as D set in motion a chain of events

A

(R v Miller)

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6
Q

Public duty to act

A

(R v Dytham)

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7
Q

Statutory Duty to Act

A

S170 Road Traffic Act 1988

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8
Q

Factual Causation

A

(R v White)

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9
Q

Legal causation

A

(R v Smith)

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10
Q

I: (R v Smith)

A

Act of third party: operating and substantial cause of death and therefore more than minimal cause

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11
Q

I: (R v Roberts)

A

V’s own actions: must be reasonably foreseeable

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12
Q

I: (R v Cheshire)

A

Medical negligence: extraordinary and unusual

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13
Q

I: Act of God/ nature

A

A natural but unpredictable event

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14
Q

I: (R v Blaue)

A

Thin skull rule: D must take their victim as they found them

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15
Q

R v Mohan

A

Direct intent: Desired outcome in mind

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16
Q

(R v Woolin)

A

Oblique intent: virtual certainty and D must realise this

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17
Q

(R v Cunningham)

A

Subjective recklessness: realises risk but takes it anyway

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18
Q

(R v Adamako)

A

Negligence: committed wrong doing which resulted in V’s injury or death

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19
Q

(Larsonneur)

A

State of affairs crime: ‘being’ rather than ‘doing’

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20
Q

(R v Latimer)

A

Transferred Malice

21
Q

(R v Mitchell)

A

Transferred Malice- manslaughter

22
Q

(R v Pembilton)

A

Transferred Malice- criminal damage

23
Q

(Gammon v AG for Hong Kong)

A

5 factors strict liability

24
Q

(Sweet v Parsley)

A

Strict liability: requirements of MR

25
Q

(B v DPP)

A

Strict liability: presumption stronger for ‘true’ crimes

26
Q

(Fagen v MPC)

A

Coincidence rule: Did not know they were committing the crime but when found out carried on

27
Q

(R v Thabo Meli)

A

Coincidence rule: D has MR but AR happens later

28
Q

NF: (Fagan v MPC)

A

Intentionally or recklessly make V apprehend immediate unlawful violence

29
Q

(Smith v Supt of Woking)

A

Apprehend: causes V to have a general awareness of violence
Immediate: reasonable amount of time

30
Q

(R v Ireland)

A

Silent phone calls (unlawful violence)

31
Q

(R V Constanza)

A

Words, gestures, letters

32
Q

(Tuberville V Savage)

A

Words can nullify an assault

33
Q

(Logdon V DPP)

A

V can have a general awareness of violence even when joking

34
Q

(Cole v Turner)

A

Slightest touch done in anger

35
Q

(Haystead v DPP)

A

The application of force can be indirect

36
Q

(Collins v Wilcock)

A

V must not consent

37
Q

(Chan Fook)

A

More than trivial, less than serious harm
Psychiatric harm (beyond mere emotion)

38
Q

ABH: (Miller)

A

Hurt or injury calculated to interfere with V’s health or comfort

39
Q

ABH: (DPP V K)

A

Can be indirectly caused

40
Q

GBH: (DPP V Smith)

A

Really serious harm

41
Q

(Burstowe)

A

Serious psychiatric harm and indirect

42
Q

(Dica)

A

Biological harm

43
Q

(Bollom)

A

Bruising a baby

44
Q

(Brown and Stratton)

A

Less injuries combined can cause

45
Q

(Dugdale & Furmstone)

A

Requires hospital treatment

46
Q

(Moriarty v Brookes)

A

A break to the second layer of skin- wounding

47
Q

(JCC V Eisenhower)

A

Does not include internal injuries unless they cause bleeding outside of the body

48
Q

(R v Dume)

A

Dog bites if D also has the MR

49
Q

(Belfon)

A

S18- direct intent to cause GBH

Case Studies For Law (11 decks)

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