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My Criminal Law > Cases > Flashcards

Cases Flashcards

1
Q

Cunningham

A

Murder, mens rea

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2
Q

Maloney

A

The mens rea for murder is malice aforethought (Coke) which is satisfied on proof of intention to kill or cause gbh

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3
Q

Majewski

A

Voluntary intoxication is only used for specific intent crimes lowering them to the basic intent equivalent

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4
Q

Caldwell

A

Voluntary intoxication No defence to recklessness

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5
Q

Grady

A

Cannot have voluntary intoxication and other defences, except mistake in criminal damage

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6
Q

O’Connor

A

Agrees can’t have intoxication and self defence

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7
Q

Richardson and Irwin

A

If d would not realise the risk while sober then can use the defence

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8
Q

Hattan

A

Related to reasonable sober man test for intoxication

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9
Q

Jaggard .v. Dickson

A

Can have intoxication and mistake for criminal damage only

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10
Q

A - G reference No2 1984

A

Imminence related to self defence

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11
Q

Bird and field

A

No duty to avoid conflict - self defence

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12
Q

Shaw, Martin

A

Can use mistaken necessity of force for self defence if honest mistake

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13
Q

Palmer

A

Reasonableness of force, self defence.

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14
Q

Owino

A

Reasonable man test self defence

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15
Q

McCann and others .v. U.K.

A

Self defence relating to law enforcement. No more than absolutely necessary

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16
Q

R .v. Ireland

A

Assault occasioning ABH psychiatric harm.

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17
Q

R .v. Burstow

A

Assault occasioning ABH, psychiatric harm

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18
Q

R .v. Donovan

A

Assault occasioning ABH, psychiatric harm

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19
Q

Roberts

A

Assault occasioning ABH. Specifically the word occasioning

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20
Q

Eisenhower

A

Wounding

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21
Q

DPP .v. Smith

A

GBH - really serious harm

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22
Q

Cunningham

A

Maliciously - GBH

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23
Q

Mowatt

A

Intending or foreseeing some harm GBH s. 20

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24
Q

Morrisons

A

No need to prove malice if Ds physical violence injures a law enforcement officer

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25
Q

Gladstone Williams

A

D honestly believes person trying to arrest him is not a law enforcement officer

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26
Q

Blackburn .v. Bowering

A

Related to causing GBH with mistake to a law enforcement officer while resisting or preventing arrest

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27
Q

Lowe

A

Unlawful act manslaughter - D does an act

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28
Q

Lamb

A

Unlawful act manslaughter - act must be unlawful, both AR and MR complete

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29
Q

Watson

A

Unlawful act manslaughter - the act must be dangerous - 87 year old women

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30
Q

Dawson

A

Unlawful act manslaughter - act must be dangerous - 60 year old who had heart attack

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31
Q

Church test

A

Sober and reasonable person would inevitably recognise the act might subject V to the risk of some physical injury

32
Q

White

A

Unlawful act manslaughter - act must cause Vs death - but for test

33
Q

Kimsey

A

Unlawful act manslaughter - act must cause Vs death - act more than minimal - causation

34
Q

Adams

A

Unlawful act manslaughter - act must cause Vs death - medical intervening acts

35
Q

A Aldridge

A

Unlawful act manslaughter - act must cause Vs death - medical intervening act

36
Q

Pagget

A

Unlawful act manslaughter - act must cause Vs death - 3rd party intervening act

37
Q

Kennedy

A

Unlawful act manslaughter - act must cause Vs death - Vs own acts didn’t break chain

38
Q

Jackson

A

Statutory conspiracy - certain people can’t be in agreement for conspiracy

39
Q

Siracusa

A

Conspiracy - course of conduct

40
Q

R .v. Taylor

A

Conspiracy - course of conduct

41
Q

R .v. Saik

A

Conspiracy course of conduct

42
Q

Anderson

A

Conspiracy intention to agree and that the offence be carried out by someone in agreement

43
Q

Yip chiu-cheung

A

Conspiracy - undercover cop

44
Q

Jones

A

Attempt - more than merely preparatory

45
Q

Geddes

A

Attempt - not more than merely preparatory

46
Q

Campbell

A

Attempt - not more than merely preparatory

47
Q

Mohan, pearman, Khan, R .v. Pace

A

Attempt - MR for the offence

48
Q

Morris

A

Theft - only one right need be assumed

49
Q

Gomez, Lawrence

A

Theft, can appropriate with consent

50
Q

Hinks

A

Theft, gifts can be theft if dishonest

51
Q

A-G reference No 2 1982

A

Theft, company assets and appropriation

52
Q

Davis

A

Theft, money can be property

53
Q

Marshall

A

Theft, property, cheques become money when deposited in the bank

54
Q

Kahn, williams

A

Theft, Intangible objects and things in action

55
Q

Turner

A

Theft, cannot steal own property

56
Q

Woodman

A

Theft, belonging to another

57
Q

Hall

A

Theft, belonging to another, trust money

58
Q

A-G reference No 1 1983

A

Theft, belonging to another, gained by another’s mistake

59
Q

Hibbert .v. McKiernan

A

Theft, lost/ abandoned items, still theft if don’t know who they belong to

60
Q

Roberts, price, clowes

A

Theft, gosh test

61
Q

Boggeln .v. Williams

A

Theft, dishonesty. Willingness to pay

62
Q

Dowes, chan man-sin .v. A-G, Fernandoz

A

Theft, disposing property belonging to another

63
Q

Lloyd

A

Theft, intention to permanently deprive, borrowing and lending

64
Q

Hardman

A

Criminal damage - damage, incurred cost to repair

65
Q

Mephitis .v. Salmon

A

Criminal damage, scratches to scaffolding not CD

66
Q

Roe .v. Kingerlee

A

Criminal damage, damage or destroy

67
Q

R .v. G

A

Criminal damage, intention or reckless test

68
Q

Chamberlain .v. Linden, The times, Hill and Hall

A

Intoxicated mistake for criminal damage

69
Q

Asquith, Webster, and seamans. Warwick. Wenton

A

Mens rea for criminal damage with intent to endanger life

70
Q

Bowen

A

Characteristics for the graham test for duress

71
Q

R .v. Antar

A

Low IQ not a characteristic for graham test, duress

72
Q

Hudson and Taylor

A

Duress, threat need not be immediate

73
Q

Abdul Hassain

A

Duress of circumstance

74
Q

Cole

A

Duress, threat must be of specific act

75
Q

Pommel

A

Duress, once threat gone, act is unlawful

76
Q

Sharp. Heath

A

Voluntary association with criminals

77
Q

Woolin

A

Murder, mens rea, intention to kill/cause gbh

My Criminal Law (2 decks)

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