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Scots Criminal Law and Evidence > Cases > Flashcards

Cases Flashcards

Pair case names with their principle (86 cards)

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1
Q

HMA v Robertson and Donoghue

A

Shakey OAP - Thin skull rule

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2
Q

R v White

A

Poisoned Cup - No causal link

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3
Q

McDonald v HMA

A

Jumper - Victim’s contribution

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4
Q

HMA v Kerr and Others

A

Rape Case - Art & Part Liability, Omissions

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5
Q

HMA v Fraser and Rollins

A

Robbery Gone Wrong - Ultimate actus reus

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6
Q

HMA v Gallacher

A

Hamilton Circus - Spontaneous error

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7
Q

Boyne v HMA

A

Surprise Knife - Stepping outside common plan

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8
Q

HMA v Camerons

A

Telegram Fraud Attempt - Preparation to Perpetration

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9
Q

Docherty v Brown

A

Paper Drugs - Impossible attempt

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10
Q

West v HMA

A

Loitering with Tools - Conspiracy

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11
Q

Baxter v HMA

A

Murder Incitement - Enough the accused was serious

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12
Q

Drury v HMA

A

Sexual Infidelity - “wicked intent”, provocation

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13
Q

HMA v Purcell

A

“wicked recklessness” - Murder

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14
Q

Tomney v HMA

A

Lawful act, Involuntary culpable homicide

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15
Q

Roberts v Hamilton

A

Hit Wrongly - Transferred intent

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16
Q

Smart v HMA

A

Consent is no defence to assault

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17
Q

R v Brown

A

Sado-masochism, assault

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18
Q

Stewart v Nisbet

A

Police Tape - Error of consent

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19
Q

HMA v Harris

A

Stairs - Culpable and reckless endangerment/conduct

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20
Q

Black v Carmichael

A

Car Clamp - Temporary appropriation; Extortion

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21
Q

Adcock v Archibald

A

Miner’s Fraud - Even small practical result suffices

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22
Q

Byrne v HMA

A

Burning Paper - reckless fire-raising

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23
Q

Smith v Donnelly

A

Peaceful Breach - Breach of the Peace Definition

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24
Q

Jones v Carnegie; Tallents v Gallacher

A

ECHR Regs - Breach of the Peace

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25
Harris v HMA
Police Whispers - Must be public breach of peace
26
Moorov v HMA
"Moorov Doctrine" - Corroboration
27
Lawrie v Muir
Milk Bottles - improperly obtained evidence
28
Cadder v HMA
Right to a lawyer
29
HMA v Chalmers
Right to a lawyer
30
Davie v Edinburgh Magistrates
Expert Info - Expert's role in court
31
Sweet v Parsley
Tenants Smoking - Strict Liability
32
Owens v HMA
Mistaken Attack - Error must be genuine and reasonable
33
Brennan v HMA
Chosen Drunk - Voluntary intoxication is no defence
34
Ross v HMA
Spiked! - Involuntary intoxication defence (automatism)
35
Thomson v HMA
Forced Exit - Hume Coercion Criteria
36
R v Dudley and Stephens
Cannibals - Necessity no excuse for murder
37
Moss v Hurdle
Speeding Necessary? - Must be last resort
38
HMA v Anderson
Innocent Kill - Exception for necessary murder
39
HMA v Doherty
Bayonnet Defence - Imminent danger, reasonable force
40
Fenning v HMA
Rock Bash - Cruel excess of violence
41
Thomson v HMA
Business Taunts - verbal provocation not sufficient
42
Gillon v HMA
Spade Head - Reasonable force
43
Donnelly v HMA
Good Samaritan - response to attack on 3rd party
44
Thin skull rule
HMA v Robertson and Donoghue
45
No causal link
R v White
46
Victim's contribution
McDonald v HMA
47
Art & Part Liability, Omissions
HMA v Kerr and Others
48
Ultimate actus reus
HMA v Fraser and Rollins
49
Spontaneous coming together; error
HMA v Gallacher
50
Stepping outside common plan
Boyne v HMA
51
Preparation to Perpetration
HMA v Camerons
52
Impossible attempt
Docherty v Brown
53
Conspiracy
West v HMA
54
Enough the accused was serious
Baxter v HMA
55
"wicked intent", provocation
Drury v HMA
56
"wicked recklessness"
HMA v Purcell
57
Lawful act, Involuntary culpable homicide
Tomney v HMA
58
Transferred intent
Roberts v Hamilton
59
Consent is no defence to assault
Smart v HMA
60
Sado-masochism, assault
R v Brown
61
Error of consent
Stewart v Nisbet
62
Culpable and reckless endangerment/conduct
HMA v Harris
63
Temporary appropriation; Extortion
Black v Carmichael
64
Even a small practical result will suffice
Adcock v Archibald
65
Reckless fire-raising
Byrne v HMA
66
Breach of the Peace definition
Smith v Donnelly
67
Breach of the Peace must be public
Harris v HMA
68
ECHR Regs; Breach of the Peace
Jones v Carnegie; Tallents v Gallacher
69
"Moorov Doctrine" - Corroboration
Moorov v HMA
70
Improperly obtained evidence
Lawrie v Muir
71
Right to a lawyer
HMA v Chalmers
72
Right to a lawyer
Cadder v HMA
73
Expert's role in court
Davie v Edinburgh Magistrates
74
Strict liability
Sweet v Parsley
75
Error must be genuine and reasonable
Owens v HMA
76
Voluntary intoxication is no defence
Brennan v HMA
77
Involuntary intoxication defence (automatism)
Ross v HMA
78
Hume Coercion Criteria
Thomson v HMA
79
Necessity is no excuse for murder
R v Dudley and Stephens
80
Necessity must be last resort
Moss v Hurdle
81
Exception for necessity for murder
HMA v Anderson
82
Imminent danger, reasonable force
HMA v Doherty
83
Cruel excess of violence
Fenning v HMA
84
Verbal provocation not sufficient
Thomson v HMA
85
Reasonable force
Gillon v HMA
86
Response to attack on 3rd party
Donnelly v HMA

Scots Criminal Law and Evidence (1 decks)

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