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Statutes Flashcards

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1
Q

Theft is governed by …

A

S1(1) Theft Act 1968

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2
Q

Factual cause and legal cause

A

Pagget and smith

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3
Q

Medical treatment

A

Jorden

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4
Q

Victims own acts were reasonable

A

Roberts

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5
Q

Victims acts were unreasonable

A

Williams and Davis

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6
Q

Life support

A

Malcherek

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7
Q

Thin skull rule

A

Blaue

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8
Q

Drugs (2)

A

Kennedy no2 Cato

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9
Q

Direct intent causation

A

Mohan

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10
Q

Foresight of consequences

A

Woolin

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11
Q

Recklessness

A

Cunningham

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12
Q

Transferred malice person to person

A

Latimer

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13
Q

Transferred malice object to person

A

Pembilton

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14
Q

Words gestures and silence

A

Ireland

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15
Q

Fear Assault

A

Lamb

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16
Q

Words can cancel out assault

A

Savage

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17
Q

Assault doesn’t have to be able to reach victim

A

Smith

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18
Q

No time limit on assaults

A

Constanza

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19
Q

Battery and assault is governed by …

A

S39 criminal justice act 1988

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20
Q

More than the slightest touch battery

A

Wilcock

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21
Q

has to be more than the slightest touch

A

Wilcock

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22
Q

Can be a continuing act

A

Fagan

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23
Q

Battery can be caused indirectly

A

K

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24
Q

Battery can be an omission

A

Santana-Bermudez

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25
Q

ABH is governed by

A

S47 offences against the person act 1861

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26
Q

has to be transient/trifling

A

Miller

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27
Q

can be psychiatric harm

A

Chanfook

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28
Q

Hair being cut of can be battery

A

Smith

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29
Q

Consciousness only has to be lost momentarily

A

T

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30
Q

ABH can be indirect

A

K

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31
Q

ABH men rea it doesn’t matter if the defendant intended to cause the harm

A

Savage

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32
Q

GBH is governed by …

A

S18 or S20 offences against the person act 1861

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33
Q

Harm must be really serious harm

A

Smith

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34
Q

Harm only has to be serious harm

A

Saunders

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35
Q

Really serious harm and serious harm mean the same thing

A

Brurstow

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36
Q

The victims age and health are taken in to account when considering there injuries

A

Bollum

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37
Q

If there was a know risk of some harm and the defendant didn’t inform the victim

A

Dica

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38
Q

Indirect harm GBH

A

Martin

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39
Q

Direct intent to cause GBH

A

Mohan

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40
Q

Direct intent to cause some harm

A

Mowatt

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41
Q

Direct intent to resist arrest

A

Morrison

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42
Q

Wounding is governed by …

A

S18 and S20 offences against the person act 1861

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43
Q

S18 requires the D to cause the harm and S20 requires them to inflict the harm but ( ) shows cause and inflict mean the same thing

A

Bristow

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44
Q

Both layers of skin must be broken

A

Eisenhower

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45
Q

Wounding direct intent to cause GBH

A

Taylor

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46
Q

Direct intent to wound

A

Taylor

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47
Q

What is murder governed by…

A

Lord Justice coke

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48
Q

Taken one breath independent from mother

A

Poulter

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49
Q

Umbilical cord cut

A

Reeves

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50
Q

No brain activity

A

Malcherek

51
Q

There is no time limit on death after the unlawful act

A

Law reform year and a day rule 1996

52
Q

Killing out side kings peace

A

Black man

53
Q

A person who did not intend to kill another, but intended to cause them grievous bodily harm
would have the required intent for murder

A

Vickers

54
Q

What statute created three partial defences to murder

A

Homicide Act 1957 and Coroners and Justice Act 2009

55
Q

Diminished responsibility governed by …

A

S2(1) Homicide Act 1957 as amended by S52 Coroners and Justice Act 2009.

56
Q

so different to that of
ordinary human beings, the reasonable person will deem at the time they killed their
state of mind must have been abnormal.

A

Lord parker CJ

57
Q

The abnormality doesn’t have to be permanent or have existed from birth

A

Gomez

58
Q

Depression

A

Gittens

59
Q

Irresistible impulses

A

Bryne

60
Q

Battered wife syndrome

A

Ahluawalia

61
Q

Alcohol dependency syndrome

A

Stewart

62
Q

Need medical evidence for diminished responsibility

A

Bunch

63
Q

Paranoia

A

Simcox

64
Q

Substantial impairment does not have to be full impairment

A

Lloyd

65
Q

There must be a causal link between the defendant’s abnormality of mental functioning
and the conduct or omission that led to the killing

A

(S2(1) Homicide Act 1957).

66
Q

The burden of proof is on the prosecution to prove beyond(Loss of control)

A

Martin

67
Q

Loss of control is governed by…

A

S54 Coroners and
Justice Act 2009

68
Q

Un able to think straight is not sufficient for loss of control

A

Jewell

69
Q

The defendant does not have to lose control suddenly (immediately) in response to a
qualifying trigger

A

(S54(2) CJA)

70
Q

What identifies the two qualifying triggers

A

S55 CJA

71
Q

defendant’s fear of serious violence from the victim against defendant
or another identified person

A

S55(3) CJA

72
Q

Things said or done which constitute grave circumstances or makes the defendant justifiably feel wronged

A

S55(4) CJA

73
Q

fear of serious violence has to be to an identified person

A

Goodwin

74
Q

circumstances of an extremely grave character
and the defendant must have a justifiable sense of being seriously wronged. (Loss of control)

A

Zebeede

75
Q

A breakdown of a relationship will not normally be circumstances of an extremely grave
character or give a justifiable sense of being wronged

A

Hatter

76
Q

Revenge is not a qualifying trigger

A

S54(4) Coroners and Justice Act 2009.

77
Q

If the defendant incited the thing said or done so they can react

A

S55(6)(a)

78
Q

S55(6) CJA restrictions Anything said or done in connection with sexual infidelity is to be disregarded

A

S55(6)(c)

79
Q

Sexual infidelity can be considered if with other triggers

A

Clinton

80
Q

Stander end of self control test is based on a normal person which is an objective test what defines this

A

S54(1)(c) CJA Whether a person of the ds own sex and age with a normal degree of tolerance and self restraint and in the ds circumstances might have reacted in the same or similar way

81
Q

Self control and tolerance

A

Mohammed

82
Q

In the same circumstance as the D loss of control

A

Gregson

83
Q

Same circumstance as D, Depression, epilepsy and unemployment

A

Gregson

84
Q

Intoxication is not accepted in loss of control

A

Asmalash

85
Q

React in a same and similar way if the same circumstance

A

Van dongen

86
Q

The act must be a crime unlawful act manslaughter

A

Franklin

87
Q

Must fear unlawful force unlawful act manslaughter

A

Lamb

88
Q

The act must be positive

A

Lowe

89
Q

sober and reasonable person would recognise the risk of some harm from the D’s conduct.

A

Lord justice Davies

90
Q

It does not matter that the D did not realise their conduct was dangerous, as long as the reasonable and sober person would realise it UAM

A

Birstow

91
Q

the victim’s frailty were obvious, a reasonable and sober person would be aware of it, and if they foresee some harm from the D’s act, it is objectively dangerous.

A

Watson

92
Q

The objectively dangerous test does not take into account the age and mental capacity of the defendant UAM

A

JF and NE

93
Q

The harm does not have to be specific harm

A

Jm and Sm

94
Q

objectively dangerous act does not have to be aimed at the V.

A

Larkin

95
Q

objectively dangerous act can be aimed at property

A

Good fellow

96
Q

The D’s conduct must be the cause of the death. The usual rules of causation apply to UAM

A

Attorney General Reference (No 3)

97
Q

Transferred malice applied to UAM

A

Mitchell

98
Q

irrelevant if the D did not foresee or intend the harm caused from their unlawful act. All that matters is that they satisfy the mens rea of it

A

New berry and Jones

99
Q

Self defence is governed by …

A

S3(1) Criminal law act 1967 (CLA)

100
Q

Was the use of force necessary

A

Hussain and another

101
Q

The D wrongly imagined a threat existed self defence

A

Williams

102
Q

Alec defence not available if voluntarily intoxicated

A

S76(5) Criminal Justice and Immigration Act 2008

103
Q

The D does not have to retreat self defence

A

Bird

104
Q

The D can prepare for the attack

A

Attorney general reference no2

105
Q

reasonable is to be judged in the light of the circumstances as the D believed them to be (whether reasonably or not).

A

Palmer

106
Q

the degree of force used by a person is not to be regarded as having been reasonable in the circumstances, as they believed them to be, if it was disproportionate in those circumstances. The only exception regarding disproportionate force relates to the householder exception.

A

S76(6) Criminal Justice & Immigration Act 2008

107
Q

Force was no longer Necessary as the threat has passed

A

Martin

108
Q

Consent the V must know the nature of that act and also the quality

A

Tabassum

109
Q

Consent is invalid if gotten through fear

A

Olugboja

110
Q

his fraudulent conduct did not void the V’s consent, as she knew the nature and quality of the act.

A

Linekar

111
Q

The victim must be informed of a known risk before engaging in sexual activity, otherwise their consent is invalid and the defendant will be liable.

A

Dica

112
Q

Implied consent

A

Pringle

113
Q

any harm that is greater than assault or battery will no longer be able to have the defence of consent.

A

Attorney general reference no6

114
Q

What are the 4 public policy exceptions for consent

A

Horseplay sports body adornment dangerous exhibitions

115
Q

In sports the actions must be sufficiently grave to be considered criminal.

A

Barnes

116
Q

Children under 16 with sufficient intelligence to understand fully the implications of a proposed treatment can give effective consent

A

Gillick

117
Q

In horseplay defendant can demonstrate an honest belief the victim consented to this type of play,

A

Jones

118
Q

genuinely held the belief the victim was consenting to such horseplay, even if that belief was mistakenly held.

A

Aiken

119
Q

Where the defendant makes a genuine mistake regarding horseplay when intoxicated, the defence of consent can still be available in relation to horseplay, where they can demonstrate they would not have realised the risk if sober

A

Richardson and Irwin

120
Q

Husband and wife have extra consent conditions

A

Wilson

121
Q

Body adornment

A

BM

122
Q

Cannot consent to homicide

A

Pretty

123
Q

Consent drugs

A

Cato

LAW (11 decks)

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