Unit 1: Basic principles

Question 1

R v Gibbins & Proctor

Answer 1

Omission - special relationship - typically special relationships - parents & children
/
Omission - special relationship - other relationship (assume duty of care) - accepting payment/accommodation in return for caring for an individual

Question 2

R v Smith

Answer 2

Omission - special relationship - typically special relationships - husbands & wives
/
duty on special relationship could be waived - The V is capable to decide his own fate

Question 3

Airedale NHS Trust v Bland

Answer 3

Omission - special relationship - typically special relationships - doctors & patients
/
Omission - special relationship - duty on special relationship could be waived - The Doctor considers that the discontinuing of V’s treatment would be of his best interests

Question 4

R v Stone & Dobinson

Answer 4

Omission - special relationship - other relationship (assume duty of care) - Inviting a person who is unable to care for himself to permanently live as part of one’s family

Question 5

R v Pittwood

Answer 5

Omission - contractual duty

Question 6

s1(2)(a) of the Children and Young Persons Act 1933

Answer 6

Omission - statutory duty

Question 7

R v Woollin

Answer 7

MR - Indirect intention

Question 8

s8(b) of the Criminal Justice Act 1967

Answer 8

MR - Indirect intention - a reasonable person would have foreseen is a good indication

Question 9

R v Cunningham

Answer 9

MR - Recklessness

Question 10

R v Latimer

Answer 10

MR - Transfer Malice

Question 11

R v Pembliton

Answer 11

MR - Transfer Malice (of the same type)

Question 12

Thabo-Meli v R

Answer 12

Coincidence of MR & AR - Where the events are part of an overall plan

Question 13

R v Le Burn

Answer 13

Coincidence of MR & AR - Where the events could be considered as a ‘series of acts’

Question 14

s1(1) of the Criminal Damage Act 1971

Answer 14

Criminal Damage - AR/MR

Question 15

Hardman

Answer 15

Criminal Damage - AR - destruction/consequence - As long as expense is involved in restoring the property, a destruction is said to be made (Drawing on a pavement, which incurred expense to clean up)

Question 16

s10(1)) of the Criminal Damage Act 1971

Answer 16

Criminal Damage - AR - property

Question 17

s10(2)) of the Criminal Damage Act 1971

Answer 17

Criminal Damage - AR - Belongs to another

Question 18

R v Smith

Answer 18

Criminal Damage - MR - mistake of fact is allowed

Question 19

s5(2)(a) of the Criminal Damage Act 1971

Answer 19

Criminal Damage - Lawful excuses - The defense of consent

Question 20

R v Denton

Answer 20

Criminal Damage - Lawful excuses - The defense of consent - for fraudulent purpose

Question 21

s5(2)(b) of the Criminal Damage Act 1971

Answer 21

Criminal Damage - Lawful excuses - The defense in protection of property

Question 22

R v Hunt

Answer 22

Criminal Damage - Lawful excuses - The defense in protection of property - means used must be reasonably capable to protect the property

Question 23

R v Hill

Answer 23

Criminal Damage - Lawful excuses - The defense in protection of property - the need of protection must not be too remote

Question 24

Jaggard v Dickinson

Answer 24

Criminal Damage - Lawful excuses - drunken belief (even voluntarily) can still be honest

Question 25

s1(2) of the Criminal Damage Act 1971

Answer 25

Aggravated criminal damage - AR/his own property/MR

Question 26

R v Steer

Answer 26

Aggravated criminal damage - MR - by his destruction caused