NON-FATAL

Question 1

Case for AR must be voluntary

Answer 1

(Hill v Baxter)

Question 2

Duty to act as parents

Answer 2

(Gibbins v Proctor)

Question 3

Assumed duty to act

Answer 3

(Stone v Dobinson)

Question 4

Contractual duty to act

Answer 4

(R v Pittwood)

Question 5

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

Answer 5

(R v Miller)

Question 6

Public duty to act

Answer 6

(R v Dytham)

Question 7

Statutory Duty to Act

Answer 7

S170 Road Traffic Act 1988

Question 8

Factual Causation

Answer 8

(R v White)

Question 9

Legal causation

Answer 9

(R v Smith)

Question 10

I: (R v Smith)

Answer 10

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

Question 11

I: (R v Roberts)

Answer 11

V’s own actions: must be reasonably foreseeable

Question 12

I: (R v Cheshire)

Answer 12

Medical negligence: extraordinary and unusual

Question 13

I: Act of God/ nature

Answer 13

A natural but unpredictable event

Question 14

I: (R v Blaue)

Answer 14

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

Question 15

R v Mohan

Answer 15

Direct intent: Desired outcome in mind

Question 16

(R v Woolin)

Answer 16

Oblique intent: virtual certainty and D must realise this

Question 17

(R v Cunningham)

Answer 17

Subjective recklessness: realises risk but takes it anyway

Question 18

(R v Adamako)

Answer 18

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

Question 19

(Larsonneur)

Answer 19

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

Question 20

(R v Latimer)

Answer 20

Transferred Malice

Question 21

(R v Mitchell)

Answer 21

Transferred Malice- manslaughter

Question 22

(R v Pembilton)

Answer 22

Transferred Malice- criminal damage

Question 23

(Gammon v AG for Hong Kong)

Answer 23

5 factors strict liability

Question 24

(Sweet v Parsley)

Answer 24

Strict liability: requirements of MR

Question 25

(B v DPP)

Answer 25

Strict liability: presumption stronger for 'true' crimes

Question 26

(Fagen v MPC)

Answer 26

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

Question 27

(R v Thabo Meli)

Answer 27

Coincidence rule: D has MR but AR happens later

Question 28

NF: (Fagan v MPC)

Answer 28

Intentionally or recklessly make V apprehend immediate unlawful violence

Question 29

(Smith v Supt of Woking)

Answer 29

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

Question 30

(R v Ireland)

Answer 30

Silent phone calls (unlawful violence)

Question 31

(R V Constanza)

Answer 31

Words, gestures, letters

Question 32

(Tuberville V Savage)

Answer 32

Words can nullify an assault

Question 33

(Logdon V DPP)

Answer 33

V can have a general awareness of violence even when joking

Question 34

(Cole v Turner)

Answer 34

Slightest touch done in anger

Question 35

(Haystead v DPP)

Answer 35

The application of force can be indirect

Question 36

(Collins v Wilcock)

Answer 36

V must not consent

Question 37

(Chan Fook)

Answer 37

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

Question 38

ABH: (Miller)

Answer 38

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

Question 39

ABH: (DPP V K)

Answer 39

Can be indirectly caused

Question 40

GBH: (DPP V Smith)

Answer 40

Really serious harm

Question 41

(Burstowe)

Answer 41

Serious psychiatric harm and indirect

Question 42

(Dica)

Answer 42

Biological harm

Question 43

(Bollom)

Answer 43

Bruising a baby

Question 44

(Brown and Stratton)

Answer 44

Less injuries combined can cause

Question 45

(Dugdale & Furmstone)

Answer 45

Requires hospital treatment

Question 46

(Moriarty v Brookes)

Answer 46

A break to the second layer of skin- wounding

Question 47

(JCC V Eisenhower)

Answer 47

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

Question 48

(R v Dume)

Answer 48

Dog bites if D also has the MR

Question 49

(Belfon)

Answer 49

S18- direct intent to cause GBH