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All cases Flashcards

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1
Q

Literal rule

A

LNER v Berriman, Fatal accidents Act 1846

DPP v Cheeseman, Town and police clauses ACT 1847

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2
Q

Golden rule

A

Narrow: R v Allen, Offences against the person Act 1861
Broad: Adler v George, Official secrets Act 1920

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3
Q

Mischief rule

A

Smith v Hughes, Street offences Act 1959

Royal college of nursing (RCN) v DHSS, Abortions Act 1967

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4
Q

Purposive approach

A

Jones v TBC, Race relations Act 1976

R v RG ex parte smith, Adoption Act 1976

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5
Q

Ejusdem generis (same kind)

A

Powell v KPR co, Betting Act

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6
Q

Expressio unius est exclusio alterius (explicit mention of one thing)

A

Inhabitants of Sedgeley

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7
Q

Noscitur a sociis (known by its associates)

A

Pengelly v BP co

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8
Q

factual causation

A

R v Pagett, R v White

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9
Q

Legal causation

A

R v Smith, R v Jordan

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10
Q

thin skull rule

A

R v Blaue

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11
Q

Victims own actions

A

R v Roberts, R v Williams

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12
Q

De minimus

A

R v Cheshire

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13
Q

transferred malice

A

R v Latimer, R v Pembliton

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14
Q

Duty of contract

A

R v Pittwood

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15
Q

Duty arising from a relationship

A

R v Gibbins + Proctor

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16
Q

Duty from voluntary assumption of care

A

R v Stone + Dobinson

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17
Q

Duty arising from public office

A

R v Dytham

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18
Q

Duty arising from creating a dangerous situation

A

R v Miller, R v Santa Bermudez

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19
Q

Direct intention

A

R v Mohan

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20
Q

Oblique intention

A

R v Woollin

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21
Q

Recklessness

A

R v Cunningham

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22
Q

Voluntary Act definition

A

Bratty

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23
Q

Voluntary Act

A

Hill v Baxter

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24
Q

State of affairs

Study These Flashcards
A

R v Larsonneur, Winzar

25
Coincidence
R v Thabo Meli, single act transaction | Fagan v MPC, continuing act
26
Gestures/Actions causing assault
Read v Coker
27
Spoken words/silence causing assault
R v Ireland
28
Written words
R v Constanza
29
Certain things can cancel a threat
Tuberville v Savage
30
V can still apprehend even if D can't use force
DPP v Logdon
31
Immediate can also mean near future
Smith v CCoW
32
(S)lightest touch
R v Thomas
33
Hostile
Wilson v Pringle
34
Indirectly e.g. object
DPP v K
35
harm cannot be so trivial as to be wholly insignificant
R v Chan Fook
36
Injuries affect health or comfort of every day life
R v Miller
37
ABH can be cutting hair
DPP v Smith
38
ABH can be a short loss of conciousness
DPP v T
39
ABH only needs mens rea for assault or battery
R v Savage
40
A wound must go through two layers of outer skin
JCC v Eisenhower
41
S.20
R v Mowatt
42
S.18
R v Belfon
43
GBH is really serious harm not life threatening
DPP v Smith
44
GBH can be psychiatric
R v Burstow
45
GBH can be biological
R v Dica
46
GBH can be accumulation of injuries
R v Brown and Stratton
47
GBH can factor age, health and frailty
R v Bollom
48
GBH can be committed indirectly
R v Martin
49
Original Precedent
Donoghue v Stevenson
50
Binding
Grant v Australian Knitting Mill
51
Persuasive
R v R
52
Exceptions for CoA
Young v BA co
53
criminal overruling
R v Shivpuri overruled Anderton v Ryan
54
civil overruling
Pepper v Hart overruled Davis v Johnson
55
Civil distinguishing
Merritt v Merritt distinguished Balfour v Balfour
56
Criminal reversing
R v Hasan
57
Appeal against conviction
R v George
58
Appeal against sentence case(s)
R v Herbert and R v Philpott

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