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criminal law > CL/SL > Flashcards

CL/SL Flashcards

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1
Q

s344 Youth and Families Act

A

less than 10 y/o incapable

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2
Q

RP V R

A

Doli Incapax: rebut presumption; they can distinguish naughty/mischievous and morally wrong

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3
Q

R v King

A

Transferred Malice

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4
Q

Ryan; Butcher

A

Voluntary = Conscious/Willed/Deliberate

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5
Q

R v Falconer

A

Voluntary = Rebuttable Presumption

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6
Q

R v Hutty; s41 Human Tissue Act

A

Death of a life in being

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7
Q

Factual Causation

A

Royall - But for Test

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8
Q

Legal Causation

A

Royall - significant contribution

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9
Q

R v PL

A

Causation: Need not be/know precise cause

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10
Q

Royall Tests

A

(1) Natural Consequence, (2) Reasonable Foreseeability (3) Common Sense

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11
Q

Hallett Tests

A

Substantial and Operating

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12
Q

R v Blau

A

NAI: Fragility - Eggshell Skull

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13
Q

R v Hallett NAI

A

Natural Phenomena - only if unforeseeable

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14
Q

R v Royall NAI

A

Act of Victim; self preservation not NAI if apprehension reasonable

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15
Q

R v Jordan

A

NAI: Medical Treatment - only if PALPABLY WRONG

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16
Q

Crabbe; Morrison

A

Reckless Murder

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17
Q

s3A C.A.

A

Statutory Constructive Murder: course/furtherance of a crime involving violence

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18
Q

Ryan and Walker

A

CL Constructive Murder: violently resisting/escaping lawful arrest

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19
Q

Elements of Homicide

A

Voluntary + Death + Causation

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20
Q

Elements of UDA Manslaughter

A

Unlawful + Dangerousness

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21
Q

Rv Pemble

A

UDA: Unlawful = Any Degree of criminal breach

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22
Q

R v WIlson

A

UDA: Dangerous = Appreciable risk - Objective: what a RP would appreciate

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23
Q

s4a C.A.

A

UDA: Presumes one punch = Dangerous

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24
Q

R v Nydmad

A

Criminal Negligence relative to SOC by RP + such a high risk meriting criminal punishment

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25
Q

R v Lavendar

A

Criminal Negligence: Objective test - not including subjective opinion it was safe

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26
Q

Elements of Negligent Manslaughter

A

Recognised DOC + Criminal breach

27
Q

s318 C.A.

A

Culpable driving causing death

28
Q

s319 C.A.

A

Dangerous driving - (1) less culpable causing death (1A) serious injury

29
Q

s36(1) C.A.

A

Consent = Free Agreement

30
Q

Collins v WIlcock; Boughey

A

Assault - Unlawful = beyond ordinary contact

31
Q

Elements of CL Contact Assault OR s23 Summary Offences

A

Voluntary Contact + w/o lawful Justification + Intentional OR Reckless

32
Q

Elements of Apprehension Assault or s23 Summary Offences

A

V Apprehends imminent unlawful contact + Intentional/Reckless

33
Q

Fagan v MPC

A

CL Assault + Temporal Coincidence

34
Q

R v Westaway

A

Intentional Assault

35
Q

Venna; Campbell

A

Reckless Assault

36
Q

Ryan v Khul

A

Apprehension Assault - V’s SUBJ mental state

37
Q

Brady v Schatzel; Pemble

A

Apprehension Assault: need be actually aware - EXPECTATION OF HURT

38
Q

R v Everingham

A

Apprehension: belief in toy gun sufficient

39
Q

R v Lamb

A

Apprehension: playing with revolver - belief in facts of no danger insufficient

40
Q

Rozsa v Samuels

A

Apprehension: Conditional threats only assault if no legal right to impose or excessive

41
Q

s31(1)

A

Assault w Intention to Murder

42
Q

s42

A

Assault w Intent to commit a sexual offence

43
Q

s31 (1) (B)

A

Assault against police/emergency worker

44
Q

s15

A

Serious Injury = endanger life/substantial+protracted
Injury = Physical/Mental

45
Q

S16

A

SL Assault: Serious Injury + Intent

46
Q

s17

A

SL Assault: Serious Injury + Reckless

47
Q

s18

A

SL Assault: Injury + Intent OR Reckless

48
Q

s24; Shields; Miller

A

SL Assault: Serious Injury + Negligent

49
Q

s22

A

Endangerment of life: placing in danger of death

50
Q

s23

A

Endangerment: of persons: placing in danger of serious injury

51
Q

s38

A

Rape

52
Q

s39

A

Compelled Rape

53
Q

s40

A

Sexual Assault

54
Q

s41

A

Compelled Sexual Assault

55
Q

s35A

A

Defines Sexual Penetration

56
Q

s35B

A

Touching + What makes it sexual

57
Q

s36(2)

A

Consent Negating circumstances

58
Q

s46(4)(b) Jury Directions Act

A

If fit s36(2), find no consent

59
Q

Keough

A

No Reasonable belief in consent:
(a) Believes B did not consent
(B) Did not believe B consent (indifferent)
(C) Belief Unreasonable

60
Q

How is a belief in consent unreasonable

A
  1. s36(a)(2) no steps
  2. s47(3) Jury Directions - Considerations
61
Q

s36(a)(2)

A

No Reasonable Belief in Consent: No steps taken

62
Q

s47(3) Jury Directions Act

A

No Reasonable Belief in Consent: Considerations of Reasonableness

63
Q

MR for all sexual offences

A

Intention + Absent Consent + No reasonable belief in consent

64
Q

s47(4) Jury Directions; Obertine

A

No Reasonable Belief in Consent - considering characteristics of A - not those controlled/incapable of affecting appreciation

criminal law (1 decks)

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