thing to remember

Question 1

Causation

Answer 1

Must be in legal and in fact
Factual: R v White
Legal: Operating and substantial R v Paggett
Substantial - not merely trifling R v Cato R v Benge
R v Marchant Proximity
Operating NAI’s R v Blaue Act of victim R v Roberts

Question 2

Intention

Answer 2

Direct aim or purpose then apply R v Maloney

Question 3

Oblique intent

Answer 3

R v Woolin - Consequence a virtual certainty (Objective) Appreciate in the situation is a possible (Subjective)

Question 4

Transferred Malice

Answer 4

Transfer of Mr from one offence to another R v Latimer

Question 5

Recklessness

Answer 5

R v G:

Was D aware of the risk? Did he to them anyway?

Question 6

Malice

Answer 6

R v Cunninham intentnion and recklessness to cause harm

Question 7

Omission

Answer 7

No duty to act (R v WIlliam Smith)

Question 8

Definition of Murder

Answer 8

Unlawful killing of a reasonble person in being under the queen’s peace with malice aforethought (Coke)

Question 9

AR of MUrder

Answer 9

Killing Causation
Reasonble person in being R v Poulton
Queens peace R v Adbelatjo

Question 10

MR of Murder

Answer 10

Intention R v Maloney
Malice R v Cunningam
Apply to the case GBH R v Saunders

Question 11

Loss of control with intoxication

Answer 11

Normal person may as D did but normal person is never drunk R v Asmelash

Question 12

Diminished responsibility

Answer 12

Add to the abnormality of mental functioning

Question 13

Loss of control

Answer 13

Prelims in book 3 elements only 1 needs to be disproved R v Clinton

1) loss of control defined in R v Richens Planning means control revenege means control R v Ahluwalia
2) Qualifying trigger Fear (R v Martin) said (R v Clinton)
3) in book

Question 14

Diminished responsibility

Answer 14

Prelims in book D on BOP
Abnormal function R v Byrne Very differieng
Recognised condition (R v Thornton) PTSD Tandy Alcaholism Jealous anger R v Fenton
Must impair reational judgement R v Gold
R v Fenton provides a explanations

Question 15

Destroy or damaging AR of Criminal Damage

Answer 15

Samuel v Stubbs normal explanation
Temporary Morphitis v Salmson
Mud Roe v Kingerlee
Can't be wiped R v A
Property whitely

Question 16

Consent Defense S 5 2 a

Answer 16

Subjective test Jaggard v Dickinson must be honestly held
Motive is not relevant R v Denton
Gods work is not a defence Blake v DPP

Question 17

Immediate need of protection 5 2 b

Answer 17

Immediate need R v Steer Destruction of poperty must be foreseen objective proection of the property R v Hunt

Question 18

Aggrevated Crim Dam AR and MR

Answer 18

R v Sangha - life not be endagered, danger of life must stem from damage of property r v Webster
R v Steer destruction of property knowing the potential outcome of endangering life

Question 19

AR for Conspiracy

Answer 19

Agreement More than negotiations (R v Walker), can exist without details (r v Nock) Steps need not be carried out Dpp v Doot

Question 20

MR intnetion to carry out conspiracy

Answer 20

intention

Intention to carry out - vague R v Siracusa conditional intent will suffice

Question 21

AR for Attempt

Answer 21

Embark on crime propper not simply prepatory R v Siracusa ie Shotgun to victims head R v Jones
Inspecting a lock with equipment R v Tosti

Question 22

MR Attempt

Answer 22

Intention for the offence to be committed R v Whybrown intent needed R v Toole Oblique Walker v Hyde
Legal impossibility R v Shivpur

Question 23

Definition of Assault

Answer 23

An act which intentionally and directly causes someone to apprehend an infliction of immeidate unlawful harm Collns v Wilcock

Question 24

AR Assault

Answer 24

R v Wilson Words or wilence R v Ireland can negate tuberville v Savage
Apprehend no need for physical force R v Burstow must apprhend R v Lamb
Unlawful defense
Immediate: R v costanza
force physical damage not psychological R v Ireland

Question 25

MR assault

Answer 25

Intentionally or recklesly R v Vena

Question 26

Definition of Battery

Answer 26

Direct and intentional use of force on another Fagan v MPC

Question 27

AR Battery

Answer 27

Unlawful application R vireland indirect R v K merest touch R v thomas

Question 28

S47

Answer 28

DPP v Little Assault means battery
ABH any injury R v Miller
Psychatric R v Chan Fook
Even hair DPP v Smith

Question 29

s20

Answer 29

Wound C v Einstein
GBH seriousness R v Saunders
Malice must forsee the injury R v Savage

Question 30

S18

Answer 30

No recklessness

Question 31

Poison

Answer 31

Administer R v Gillard
Apply directly R v Kennedy
R v Cato R v Marcus Objective
Injury as a result of the substance R v Hill

Question 32

Intoxication

Answer 32

Negates MR R v Kingston
types of crime R v majewski
still voluntary w/o strength R v Allen

Question 33

Consent

Answer 33

everyday toucing R v Wilcock 
Exceptions: 
Medical treatment 
Horseplay R v Jones
STD's R v Dica
Sport R v Barnes
Sexual gratification R v Brown
Victim must not be deiced as to the nature quality purpose and d's identity R v Clarence

Question 34

Self Defence

Answer 34

Complete defense or nothing
R v Bullerton not psycholigical harm
1. D must honestly believe use of force is necesarry not show desire to fight R v Bird May strike pre emptively R v Beckford
2. Level of force judged objectively R v Orwino

Question 35

Duress threat

Answer 35

test in R v Hassan
Must be obvious threat (R v Hassan)
Must be directed towards a significant other R v Shaylar
Test is largely proportionate R v Abott
Offence was caused by threat nexus R v Vega
No possible evasive R v Abdul Rhaman
Voluntarily put himself R v Shepard Gang
Not applicable to murder

Question 36

duress of cole

Answer 36

borne out of necessity

4: Reasonbly believs R v Cole a reaspnble person would respond in the same way R v Connaway