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Crime Flashcards

1
Q

Define an omission and state the cases.

A

A failure to act.
- Gibbons and Proctor
- Stone and Dobinson
- Dytham
- Adomako
- Miller
- Evans
- Wacker

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2
Q

Define causation and state the cases.

A

Factual + Legal - NAI.
- R v White
- R v Pagett
- R v Smith
- R v Chesire
- R v Mellor
- R v Jordan
- R v Blaue
- R v Roberts
- R v Williams and Davis
- R v Malcherek and Steel
- R v Kimsey

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3
Q

Define strict liability and state the cases.

A
  1. The wording of the Act indicates strict liability.
  2. The crime is quasi as opposed to a true crime.
  3. The crime is one of social concern.
  4. The law can be enforced by encouraging greater vigilance to prevent the commission of the prohibited act.
    - Gammon v Hong Kong
    - Callow v Tilstone
    - Sweet v Parsley
    - R v Blake
    - Alphacell v Woodward
    - Harrow v Shah and Shah
    - R v Prince
    - R v Hibbert
    - Pharmaceutical Society v Storkwain
    - Cundy v Le Cocq
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4
Q

Name the facts, ratio and area of Callow v Tilstone

A
  • Butcher asked vet to see if meat was fit to eat. Vet said yes even though it was not.
  • Even though D was totally blameless, due diligence is not a defence.
  • AR; due diligence.
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5
Q

Name the facts, ratio and area of Sweet v Parsley.

A
  • D let house to students who subsequently grew cannabis there.
  • Section in act implied that MR was necessary.
  • Drug offences.
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6
Q

Name the facts, ratio and area of R v Blake.

A
  • Pirate radio station interferes with the radio station for emergency services.
  • His lack of awareness that it interfered was irrelevant.
  • Lack of awareness is not a defence.
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7
Q

Name the facts, ratio and area of Alphacell v Woodward.

A
  • Company failed to realise that the products they were disposing of were polluting the river.
  • Lack of awareness of the pollution is irrelevant.
  • Pollution.
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8
Q

Name the facts, ratio and area of Harrow v Shah and Shah.

A
  • Lottery ticket sold to 13-year-old boy who salesperson believed to be over 16.
  • Did not matter that the company had done everything possible to train their staff.
  • No defence of mistake; due diligence; gambling.
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9
Q

Name the facts, ratio and area of R v Prince.

A
  • D took unmarried girl under the age of 16 out of the possession of her father, unaware of her age.
  • Guilty; the offence was one of strict liability in respect to age.
  • Sexual offences.
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10
Q

Name the facts, ratio and area of R v Hibbert.

A
  • D took unmarried girl under the age of 16 out of the possession of her father, unaware that she was in possession.
  • Not guilty; he had no intention to take the girl out of possession of her father.
  • Sexual offences.
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11
Q

Name the facts, ratio and area of Pharmaceutical Society v Storkwain.

A
  • Pharmacist supplied drugs on prescriptions that he did not know to be fake.
  • Irrelevant that there was no way of knowing that the prescriptions were forged.
  • Quasi criminal offences.
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12
Q

Name the facts, ratio and area of Cundy v Le Cocq.

A
  • D sold liquor to a drunk person.
  • Irrelevant that there were no signs of the individual being intoxicated.
  • No defence of mistake.
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13
Q

Define murder and state the cases.

A

The unlawful killing of a human being under the King’s peace with malice aforethought.
- Gibbons and Proctor
- Beckford
- Attorney General’s Reference
- Clegg
- Vickers
- Nedrick
- Woolin

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14
Q

Name the facts, ratio and area of Gibbons and Proctor.

A
  • Child starved to death due to neglect.
  • Murder can be committed via an act or an omission.
  • Unlawful killing.
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15
Q

Name the facts, ratio and area of Beckford.

A
  • Police officer shot V as he suspected that V was armed, although he was not.
  • A person may use such a force as is reasonable in the circumstance and as he honestly believes to be in the defence of himself or another.
  • Unlawful killing.
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16
Q

Name the facts, ratio and area of Attorney General’s Reference (murder).

A
  • Mother stabbed and gave birth, however child dies without taking its own independent breath.
  • A foetus is not categorised as a human being until it takes its first independent breath.
  • Human being.
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17
Q

Name the facts, ratio and area of Clegg.

A
  • Soldier shot moving vehicle 4 times, killing a passenger; claimed it was in self-defence.
  • The force applied was excessive and unnecessary. In times of war, force cannot be deemed as excessive.
  • King’s Peace.
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18
Q

Name the facts, ratio and area of Vickers.

A
  • D broke into shop, owner caught him, so he hurt her, resulting in her death.
  • D intended GBH, he was still convicted as the courts class this as implied malice.
  • Implied malice.
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19
Q

Name the facts, ratio and area of Nedrick.

A
  • D set fire to house to scare someone. Child died.
  • Jury should be directed that they are not entitled to infer the necessary intention, unless death or serious bodily harm was virtually certain, and D appreciated that such was the case.
  • Oblique intent.
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20
Q

Name the facts, ratio and area of Woolin.

A
  • D thew baby off a wall in frustration. Baby died from fractured skull.
  • Jury is entitled to find intention where death or serious bodily harm was virtually certain, and D appreciates such is the case.
  • Oblique intent.
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21
Q

Define attempts and state the cases.

A

S1(1) Criminal Attempts Act: if, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence.
- Gullefer
- Geddes
- Attorney General’s Reference 1
- Jones
- Campbell
- Boyle and Boyle
- Tosti and White
- Whybrow
- Easom
- Husseyn
- Attorney General’s Reference 2
- Anderton v Ryan
- R v Shivpuri

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22
Q

Name the facts, ratio and area of Gullefer.

A
  • D jumped onto greyhound racetrack to have race declared void so he could reclaim his bet.
  • Has D embarked upon the crime proper?​
  • Merely preparatory.
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23
Q

Name the facts, ratio and area of Geddes.

A
  • D found in schoolboys’ toilets with knife, rope and masking tape but did not contact any of the students.
    1. Has D moved from planning and preparing? 2. To execution and implementation?
  • Merely preparatory.
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24
Q

Name the facts, ratio and area of Attorney General’s Reference 1.

A
  • D sexually assaulted V, but his penis remained flaccid. He argued that he therefore could not attempt rape.
  • D move from planning and preparing to execution and implementation and therefore embarks upon the crime.
  • More than merely preparatory.
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25
Q

Name the facts, ratio and area of Jones.

A
  • D buys shotgun, gets into V’s car and points shotgun at V.
  • D embarks upon the offence but does not need to complete the final act.
  • More than merely preparatory.
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26
Q

Name the facts, ratio and area of Campbell.

A
  • D had fake gun, sunglasses and threatening note outside of post office.
  • Merely preparatory as he did not enter the post office.
  • Merely preparatory.
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27
Q

Name the facts, ratio and area of Boyle and Boyle.

A
  • D’s stood next to door with broken lock and hinge. Conviction for attempted burglary was upheld.
  • Was D embarking upon the crime proper?
  • More than merely preparatory.
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28
Q

Name the facts, ratio and area of Tosti and White.

A
  • D intended to burgle, took metal cutting equipment and hid it behind a hedge whilst he examined the padlock.
  • Was D embarking upon the crime proper?
  • More than merely preparatory.
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29
Q

Name the facts, ratio and area of Whybrow.

A
  • D wired up wife’s bath in order to give her an electric shock. Cannot be attempted murder as he only intended GBH.
  • He only intended GBH, so does not have the mens rea for murder.
  • Intention.
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30
Q

Name the facts, ratio and area of Easom.

A
  • D looks in someone’s bag but does not steal.
  • No evidence that D intended to permanently deprive the owner of the bag or of the items in it.
  • Conditional intent.
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31
Q

Name the facts, ratio and area of Husseyn.

A
  • D convicted of attempting to steal scuba diving equipment despite not knowing what was in van.
  • Conviction quashed as he had specifically been charged with attempting to steal scuba equipment, but his intention was to steal anything.
  • Conditional intent.
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32
Q

Name the facts, ratio and area of Attorney General’s Reference 2.

A
  • CoA decided that if D had conditional intent, he could be charged with an attempt to steal some or all of the contents.
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33
Q

Name the facts, ratio and area of Millard and Vernon.

A
  • D’s pushed wooden post in football group. Conviction of attempted criminal damage.
  • Recklessness is not normally a sufficient mens rea for an attempt, even if it would suffice for the completed attempt.
  • Recklessness in attempts.
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34
Q

Name the facts, ratio and area of Attorney General’s Reference 3.

A
  • Aggravating criminal damage.
    • intending the criminal damage
    • reckless to endangerment
  • Recklessness in attempts.
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35
Q

Name the facts, ratio and area of Anderton v Ryan.

A
  • Woman tells police she has stolen video recorder but turns out it is not stolen.
  • Not an offence of an attempt as the actual offence was impossible.
  • Impossibility.
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36
Q

Name the facts, ratio and area of R v Shivpuri.

A
  • Smuggled drugs in a suitcase but were not drugs.
  • Overrules AvR and states that you can be convicted of attempting the impossible.
  • Impossibilty.
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37
Q

Define loss of control and state the cases.

A

S54 and S55 Coroners and Justice Act.
(1)a D can use the defence of loss of control if they have killed due to their loss of control, (1) b the loss of control had a qualifying trigger. (1)c a person of D’s sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or similar way to D. (2) It does not matter whether the loss of control was sudden. (3) The circumstance of D is a reference to all of D’s circumstances. (4) the loss of control does not apply if D kills in revenge. (5) The jury must assume that the defence is satisfied unless the prosecution provides beyond reasonable doubt that it is not. (6) trial judge decides if it should be put to a jury. (7) conviction is reduced to manslaughter. Section 55 defines the meaning of a qualifying trigger. (3) Ds loss of self-control was attributable to Ds fear of serious violence from V against D, or another identified person. (4) loss of self-control was attributable to a thing or things done or said which: (4)a is of extremely grave character (4)b caused D to have a justified sense of being seriously wronged. (5) they apply in any combination. (6)a cannot be used when D starts the issue of loss, (6)c sexual infidelity cannot be used a reason for D to lose control. ​
- Clinton, Parker & Evans
- Jewell
- Barnsdale and Quean
- Workman
- Bowyer
- Hatter
- Zebedee
- Dawes
- Ward
- Lodge
- Asmelash

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38
Q

Name the facts, ratio and area of Clinton, Parker & Evans

A
  • All 3 killed wives and argued that sexual infidelity should be taken into account.
  • Sexual infidelity can only be taken into account as part of the cumulative effect as to why D lost their control.
  • Cumulative effect and sexual infidelity.
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39
Q

Name the facts, ratio and area of Jewell.

A
  • D drove to V’s house and shot him twice.
  • Was a planned execution and not a loss of control.
  • Sufficient evidence.
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40
Q

Name the facts, ratio and area of Barnsdale and Quean.

A
  • D strangled V to death with chain.
  • Simply no evidence of loss of control.
  • Sufficient evidence.
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41
Q

Name the facts, ratio and area of Workman.

A
  • D murdered ex-wife.
  • Simply no evidence of loss of control.
  • Sufficient evidence.
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42
Q

Name the facts, ratio and area of Bowyer.

A
  • D kills girlfriend’s pimp when attempting to burgle him.
  • If D starts chain of events that causes them to lose control, they cannot use the defence.
  • Things said or done.
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43
Q

Name the facts, ratio and area of Hatter.

A
  • Broke into ex-girlfriend’s home to steal carpets but accidentally stabbed her in chest twice.
  • Loss cannot be put to a jury as no evidence that he lost control, and circumstances were not of an extremely grave nature.
  • Qualifying triggers.
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44
Q

Name the facts, ratio and area of Zebedee.

A
  • D killed 94-year-old father, who suffered from Alzheimer’s as he repeatedly soiled himself.
  • V did nothing to D and therefore gave D no reason to lose control.
  • Things said or done
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45
Q

Name the facts, ratio and area of Dawes.

A
  • D came home to find V asleep with D’s estranged wife, stabbed V in neck.
  • A reaction may be delayed. Different individuals in different situations do not react identically or immediately.
  • Need not be sudden, and D cannot instigate the violence and then use LoC.
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46
Q

Name the facts, ratio and area of Ward.

A
  • V attacked D’s brother so D lost control and attacked V.
  • Loss is successful as V attacked D’s brother.
  • Fear of serious violence against another.
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47
Q

Name the facts, ratio and area of Lodge.

A
  • D lost control and killed V (a drug dealer).
  • Loss is due to attack on D by V.
  • Fear of serious violence.
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48
Q

Name the facts, ratio and area of Asmelash.

A
  • D and V got drunk together, argued, and then D stabbed V.
  • Intoxication of D will not be taken into account.
  • Alcohol is not a relevant circumstance.
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49
Q

Define diminished responsibility and state the cases.

A

A person who kills or is a party to the killing of another is not be convicted of murder if D was suffering from an abnormality of mental functioning which (a) arose from a recognised medical condition (b) substantially impaired D’s ability to do one or more of the things mentioned in subsection (1A). Those things are: (a) to understand D’s nature of conduct (b) to form a rational judgement (c) to exercise self-control. (1C) abnormality of mental functioning provides an explanation for D’s conduct if it causes, or is a significant contribution in causing D to carry out that conduct.
- Byrne
- Golds
- Dowds
- Kay
- Dietschmann
- Wood
- Ahulwalia
- Challen

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50
Q

Name the facts, ratio and area of Byrne.

A
  • D was a sexual psychopath. Killed V. Medical evidence said he was unable to control his perverted desires.
  • ‘A state of mind so different from that of ordinary human beings that the reasonable man would term it abnormal’.
  • Explains abnormality of mental functioning.
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51
Q

Name the facts, ratio and area of Golds.

A
  • D admitted to killing partner. Argued he had an abnormality of mental functioning arising from a medical condition.
  • While an impairment must be more than merely trivial to be substantial, it is not the case that any impairment that is more than trivial will suffice.​
  • Explains substantial impairment.
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52
Q

Name the facts, ratio and area of Dowds.

A
  • D stabbed girlfriend 60 times when drunk. Argued ‘acute intoxication’.
  • Voluntary acute intoxication is not capable of founding the defence of dim resp.​
  • Acute intoxication.
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53
Q

Name the facts, ratio and area of Kay.

A
  • D was a paranoid schizophrenic and had a 3-day bender where he abused drugs and alcohol. He believed he was Satan and stabbed V.
  • The defence of dim resp rightly does not necessarily provide even a partial defence to everyone diagnosed with schizophrenia, who are well aware of possible consequences, who choose to abuse drugs and alcohol.
  • Defence fails where D brings about their abnormality of mental functioning.
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54
Q

Name the facts, ratio and area of Deitschmann.

A
  • D killed V as he disrespected D’s dead aunt. D got drunk.
  • ‘If D satisfied the jury that is abnormality of mental functioning substantially impaired his mental responsibility for his acts in doing the killing, even though he was intoxicated’.
  • Adjustment disorder.
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55
Q

Name the facts, ratio and area of Wood.

A
  • D fell asleep drunk but was woken up by V attempting to have oral sex with him. He hit V with a meat cleaver. D suffered from ADS.
  • If D suffers from ADS, they may be entitled to the offence, as they were not drinking voluntarily.
  • Effect of intoxication on D.
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56
Q

Name the facts, ratio and area of Ahulwalia.

A
  • D set fire to her husband.
  • Battered spousal syndrome sufficient to cause an abnormality of mental functioning.
  • Battered spousal syndrome.
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57
Q

Name the facts, ratio and area of Challen.

A
  • D kills husband with hammer.
  • Her abnormality of mental functioning was caused by coercive control.
  • Coercive control.
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58
Q

Define assault and state the cases.

A

Causing and intending to cause / subjectively recklessly causing someone to apprehend immediate infliction of unlawful violence.
- Read v Coker
- Ireland and Burstow
- Logdon
- Lamb
- Ramos
- Smith v Woking
- Constanza
- Mohan
- Cunningham

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59
Q

Name the facts, ratio and area of Read v Coker.

A
  • D and his men surrounded V and threatened to break his neck if he didn’t leave.
  • Irrelevant that they offered V the opportunity to leave.
  • AR complete as D caused V fear.
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60
Q

Name the facts, ratio and area of Ireland and Burstow.

A
  • D stalks his victim – silent phone calls.
  • An assault can consist of any causing the victim to apprehend immediate application of force upon him/her.
  • Psychiatric harm can be enough for an assault, ABH and GBH.
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61
Q

Name the facts, ratio and area of Logdon.

A
  • D threatened a customs officer with a replica gun.
  • Irrelevant that the gun was fake, the apprehension was real.
  • Apprehension.
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62
Q

Name the facts, ratio and area of Lamb.

A
  • Loads a revolver and aims it at friend.
  • No assault as V did not fear - believed that the gun was safe.
  • Apprehension.
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63
Q

Name the facts, ratio and area of Ramos.

A
  • D distributed racist letters threatening a bomb attack.
  • Initially acquitted due to a lack of immediacy the decision was reversed on appeal to state the key ingredient should be the fear of V, as their fear is the main ingredient for assault.
  • Immediacy.
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64
Q

Name the facts, ratio and area of Smith v Woking.

A
  • D frightened V by looking through her bedroom window – she was terrified although there were no means of entry for D into the property.
  • Apprehension is subjective of what V thinks at the time.
  • Immediacy.
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65
Q

Name the facts, ratio and area of Constanza.

A
  • Stalked a lady he developed an infatuation with, wrote over 800 letters and waited outside her workplace.
  • Victim’s thoughts are sufficient for the apprehension and immediacy.
  • Immediacy.
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66
Q

Name the facts, ratio and area of Mohan.

A
  • D drove his car at a police officer - officer was not hit.
  • D’s aim or purpose to bring about the assault is the key ingredient in MR.
  • MR; direct intent.
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67
Q

Name the facts, ratio and area of Cunningham.

A
  • D tore gas meter off wall and gas meter seeped into neighbouring house.
  • D was subjectively reckless as he foresees the risk and goes ahead anyways.
  • MR; subjectively reckless.
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68
Q

Define battery and state the cases.

A

Application of unlawful force to another person. Intention to cause another to fear immediate unlawful personal violence, or recklessness as to whether such fear is caused.
- Collins and Wilcock
- DPP v K
- DPP v Santana Bermudez
- Fagan v MPC
- R v Day

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69
Q

Name the facts, ratio and area of Collins and Wilcock.

A
  • Police officer grabbed prostitute, so she scratched her arm.
  • Any application of force can amount to a battery.
  • Application.
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70
Q

Name the facts, ratio and area of DPP v K.

A
  • D put acid in a hand dryer, intending to remove it later but a student was injured.
  • Battery can be committed via an indirect act.
  • Application.
71
Q

Name the facts, ratio and area of DPP v Santana Bermudez.

A
  • Police officer asked D if he had any needles in his pockets before searching him, D said no but officer was injured by a needle​.
  • Battery can be committed via an omission.
  • Omission & act are equally responsible under battery.
72
Q

Name the facts, ratio and area of R v Day.

A
  • D touches V’s skirt and is convicted of battery.
  • Touching of someone’s clothing is as much of battery as touching someone’s person.
  • Application can be to the person or to something on the person.
73
Q

Name the facts, ratio and area of Fagan v MPC.

A
  • D stopped his car on police officers’ foot and refused to move it.
  • AR & MR must coincide.
  • Continuing act.
74
Q

Define ABH and state the cases.

A

An assault or battery occasioning actual bodily harm, with the mens rea of the original assault or battery, intentionally or recklessly.
- Miller
- T v DPP
- DPP v Smith
- Chan Fook
- DPP v Kay
- Savage and Parmenter
- Mohan
- Cunningham

75
Q

Name the facts, ratio and area of Miller.

A
  • D threw his wife on the floor on multiple occasions and injured her​.
  • ‘Actual bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim’.
  • Definition of ABH.
76
Q

Name the facts, ratio and area of T v DPP.

A
  • V was chased by a group of youths; he fell and they kicked and lost consciousness.
  • Momentary loss of consciousness.
  • Widens ABH AR to include short loss of consciousness.
77
Q

Name the facts, ratio and area of DPP v Smith.

A
  • D broke into ex’s house and cut off her ponytail.
  • Cutting V’s hair can amount to ABH. The harm must be actual it cannot be small and trivial​.
  • AR widened to include features.
78
Q

Name the facts, ratio and area of Chan Fook.

A
  • D hit V and locked V in bedroom. V tried to escape and suffered serious injuries.
  • Psychiatric harm is included in ABH. However, mere emotion, e.g., fear, panic and stress are not.
  • Definition of ABH includes psychiatric harm.
79
Q

Name the facts, ratio and area of DPP v K.

A
  • D put acid in a hand dryer, intending to remove it later but a student was injured.
  • Battery can be committed via an indirect act.
  • Application.
80
Q

Name the facts, ratio and area of Savage and Parmenter

A
  • D tries to swill someone but cuts someone else when the class slips.
  • D only needs to have MR for assault or battery. Do not need to foresee level of harm to V​.
  • D does not need to intend or be reckless about causing ABH.
81
Q

Define GBH and state the cases.

A

AR - wounding = breaking both layers of skin. GBH - serious (DPP v Smith) physical or psychiatric (Ireland v Burstow) injury, or transmission of disease (Dica).
MR - intentionally or recklessly causing some harm.
- JCC v Eisenhower
- Moriarty v Brookes
- Wood
- Cunningham
- DPP v Smith
- Parmenter
- Burstow
- Dica
- Bollom
S18 is intent only, unless against a police officer.

82
Q

Name the facts, ratio and area of JCC v Eisenhower.

A
  • V hit in the eye with a shotgun pellet. This did not penetrate the eye but did cause severe bleeding under the surface.
  • Even a broken bone is not considered a wound, unless the skin is broken as well.
  • What is a wound?
83
Q

Name the facts, ratio and area of Moriarty v Brookes.

A
  • V got a cut below the eye. D asked V to leave premises but V refused so D was using force ‘lawfully applied’ to eject V from pub.​
  • Wounding requires both layers of skin to be broken.
  • Did V wound D?
84
Q

Name the facts, ratio and area of Wood.

A
  • V’s collar bone was broken but the skin was intact​.
  • A broken bone is not a wound.
  • What must break to demonstrate a wound?
85
Q

Name the facts, ratio and area of DPP v Smith.

A
  • Policeman jumped on bonnet of D’s car in order to stop him from getting away. D zigzagged to get V off the car and V was hit by another car and killed. D argued that he did not intend to harm the policeman.
  • GBH means really serious harm.
  • Now a subjective test.
86
Q

Name the facts, ratio and area of Parmenter.

A
  • D threw his child in the air and broke more than one limb.
  • D must at least foresee some harm may result.
  • Subjective recklessness.
87
Q

Name the facts, ratio and area of Burstow.

A
  • D stalked and mentally abused ex-girlfriend causing her to be severely depressed.
  • Psychiatric harm is included in GBH.
  • Psychiatric GBH.
88
Q

Name the facts, ratio and area of Dica.

A
  • D had consensual intercourse with 2 victims but failed to inform both that he was HIV positive and they contracted it.
  • Biological harm is included.
  • Biological harm can amount to s20.
89
Q

Name the facts, ratio and area of Bollom.

A
  • Infant covered in bruising all over.
  • Bruising like in Bollom on an adult would be less serious.
90
Q

Define theft and state the cases.

A

S1 Theft Act.
The appropriation of property belonging to another with the intention to permanently deprive and with dishonesty.
- Pitham v Hehl
- Morris
- Lawrence
- Gomez
- Hinks
- Kelly and Lindsay
- Oxford v Moss
- Turner No2
- Webster
- Hall
- Kleinberg and Marsden
- Davidge v Bunnett
- Gilks
- Ivey v Genting Casinos
- Velumyl
- Lloyd

91
Q

Name the facts, ratio and area of Pitham v Hehl.

A
  • D sold friend’s furniture whilst he was in prison.
  • By selling the furniture D appropriated the rights of the owner.
  • Appropriation.
92
Q

Name the facts, ratio and area of Morris.

A
  • D switched price labels of items in a supermarket.
  • D assumed the rights of the owner.
  • Approptriation.
93
Q

Name the facts, ratio and area of Lawrence.

A
  • Taxi driver took £7 from an Italian student instead of 50p fare.
  • D argued that V consented to him taking the money, but the courts argued that this was still appropriation.
  • Appropriation.
94
Q

Name the facts, ratio and area of Gomez.

A
  • D gave shopkeeper 2 fake cheques.
  • V’s consent was not genuine so D appropriated
  • Appropriation.
95
Q

Name the facts, ratio and area of Hinks.

A
  • D befriended older man and accepted daily cash payments from him totally £60k.
  • Despite being a valid gift, it is still appropriation.
  • Appropriation.
96
Q

Name the facts, ratio and area of Kelly and Lindsay.

A
  • Ds took body parts from medical school in order to make sculptures.
  • Other intangible property; body parts owned by medical school.
  • Property.
97
Q

Name the facts, ratio and area of Oxford v Moss.

A
  • D stole exam questions.
  • Confidential information is not tangible property.
  • Property.
98
Q

Name the facts, ratio and area of Turner No2.

A
  • D stole his car back from garage before paying for it.
  • Garage was in possession of the car.
  • Belonging to another.
99
Q

Name the facts, ratio and area of Webster.

A
  • D sent 2 military medals instead of 1, so sells spare on eBay.
  • Ministry of Defense still had propriety interest in the medal.
  • Belonging to another.
100
Q

Name the facts, ratio and area of Hall.

A
  • D received deposits for holidays but did not actually book them.
  • D was under obligation to deal with money in a specific way.
  • Belonging to another.
101
Q

Name the facts, ratio and area of Kleinberg and Marsden.

A
  • D sold timeshares but did not put money into company account.
  • D was under obligation to deal with money in a specific way.
  • Belonging to another.
102
Q

Name the facts, ratio and area of Davidge and Bunnett.

A
  • D given money by flat mates to pay for gas bill but instead buys Christmas presents.
  • D under obligation to deal with money in a particular way.
  • Belonging to another.
103
Q

Name the facts, ratio and area of Gilks.

A
  • Betting shop overpaid D by winnings.
  • Betting transactions not enforceable by law.
  • Belonging to another.
104
Q

Name the facts, ratio and area of Ivey v Genting Casinos.

A
  • Casino refused to pay £7.7m in winnings as they accused V of cheating.
  • Would the ordinary person see it as dishonest?
  • Dishonesty.
105
Q

Name the facts, ratio and area of Velumyl.

A
  • D took £1500 out of office safe intending to return it the next day.
  • Had intention of permanently depriving company of bank notes despite replacing them with different notes of the same value.
  • Intention to permanently deprive.
106
Q

Name the facts, ratio and area of Lloyd.

A
  • D stole film from cinema but returned it in same condition before next screening.
  • Was not D’s intention to permanently deprive so conviction quashed.
  • Intention to permanently deprive.
107
Q

Define burglary and state the cases.

A

9.1a: D enters any building or part of a building as a trespasser with the intent:
- steal
- inflict GBH to any person in the building
- cause criminal damage to the building or anything in it
9.1b: the D, having entered any building or part of a building as a trespasser:
- steals or intends to steal
- inflicts or attempts GBH on any person in the building
- Brown
- Collins
- Ryan
- Walkington
- B & S Leathley
- Seekings and Gould
- Smith and Jones

108
Q

Define robbery and state the cases.

A

A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.
- Robinson
- Waters
- Corcoran v Anderton
- B & R v DPP
- Raphael
- Dawson and James
- Clouden
- Hale
- Lockley

109
Q

Name the facts, ratio and area of Robinson.

A
  • D owed money from V’s partner so D threatened V to induce payment. V dropped £5 so D took it.
  • D fails 2a therefore there is no completed theft.
  • Completed theft.
110
Q

Name the facts, ratio and area of Waters.

A
  • D snatched V’s phone and told her she could have it back if her friend spoke to D.
  • D does not tend to permanently deprive so no completed theft.
  • Completed theft.
111
Q

Name the facts, ratio and area of Corcoran v Anderton.

A
  • Ds hit V in bag in order to take handbag. Ds ran off without bag as V attracted too much attention.
  • Appropriated the bag so theft was completed.
  • Completed theft.
112
Q

Name the facts, ratio and area of B and R v DPP.

A
  • V surrounded by 5 boys who wanted his phone. 5 more surrounded him. Pushed him and held his arms out.
  • Force does not need to be serious, it is how it is applied and how V feels.
  • Force or threat of force.
113
Q

Name the facts, ratio and area of Raphael.

A
  • D took V’s car and offered £500 to have it back.
  • Because force was used to take the car, courts are not in agreement for payment back.
  • Force or threat of force.
114
Q

Name the facts, ratio and area of Dawson and James.

A
  • D1 pushed V and D2 took his wallet.
  • Use of term force is an ordinary word and is open to the jury to interpret.
  • Force or threat of force.
115
Q

Name the facts, ratio and area of Clouden.

A
  • D wrenched a bag from V’s hand.
  • Force being applied to object is equally applied to person carrying it.
  • Force or threat of force.
116
Q

Define gross negligence manslaughter and state the cases.

A
  1. does D owe V a duty of care?
  2. has D breached duty of care?
  3. has breach caused death?
  4. would jury view breach as grossly negligent?
    - Adomako
    - Broughton
    - Singh
    - Litchfield
    - Wacker
    - Rose
117
Q

Name the facts, ratio and area of Adomako.

A
  • Anesthetist failed to notice oxygen tube disconnected from patient. V died as a result.
    1. does D owe V a duty of care?
    2. has D breached duty of care?
    3. has breach caused death?
    4. would jury view breach as grossly negligent?
  • AR + MR
118
Q

Name the facts, ratio and area of Broughton.

A
  • D supplied girlfriend with drugs at a music festival and failed to get medical help.
  • GNM quashed as they could not prove causation.
  • Causation,
119
Q

Name the facts, ratio and area of Singh.

A
  • Landlord had faulty gas fire which killed tenants.
  • Duty to maintain the property through a contractual obligation.
  • Duty.
120
Q

Name the facts, ratio and area of Litchfield.

A
  • D owned boat which had contaminated fuel, causing boat to crash and 3 crew died.
  • D owed a duty to his crew.
  • Duty.
121
Q

Name the facts, ratio and area of Wacker.

A
  • D smuggled 60 illegal immigrants to UK in lorry. 58 suffocated.
  • D owes duty through joint enterprise.
  • Duty.
122
Q

Name the facts, ratio and area of Rose.

A
  • Optometrist failed to identify hydrocephalus; boy died 5 months later.
  • Acquitted; must be an obvious and present risk, and if there is, more likely to be grossly negligent.
  • MR; must foresee risk.
123
Q

Define unlawful act manslaughter and state the cases.

A
  1. D must commit an unlawful act.
  2. unlawful act must be dangerous on an objective standard.
  3. act must cause the death.
  4. must have mens rea for unlawful act.
    - Lamb
    - Lowe
    - Larkin
    - Goodfellow
    - JM and SM
    - Dawson
    - Watson
    - Bristow, Dunn and Delay
    - Newbury and Jones
    - Church
124
Q

Name the facts, ratio and area of Lamb.

A
  • D shot V thinking revolver bullets would not fire.
  • V did not apprehend, therefore no unlawful act.
  • Unlawful act.
125
Q

Name the facts, ratio and area of Lowe.

A
  • D neglected baby son.
  • Unlawful act cannot be caused by an omission.
  • Unlawful act.
126
Q

Name the facts, ratio and area of Larkin.

A
  • D threatened man with razor, V tried to intervene but fell on blade which killed her.
  • Threat to another was an assault and act was viewed as dangerous.
  • Dangerous act.
127
Q

Name the facts, ratio and area of Goodfellow.

A
  • D set fire to flat so council would rehome him. Fire killed 3 people.
  • Act can be aimed at property.
  • Danerous act.
128
Q

Name the facts, ratio and area of JM and SM.

A
  • Ds kicked out of nightclub and fought bouncers. One bouncer died due to ruptured artery.
  • Some harm is enough, D does not need to see the actual level of harm.
  • Dangerous act.
129
Q

Name the facts, ratio and area of Dawson.

A
  • Ds tried to rob petrol station. Manager died from heart attack due to fear.
  • Conviction quashed as Vs heart attack was not linked to dangerous act.
  • Dangerous act.
130
Q

Name the facts, ratio and area of Watson.

A
  • Ds beat up old man during robbery. He died of heart attack when they left.
  • V’s frailty meant it was more likely to be a risk and therefore dangerous.
  • Dangerous act.
131
Q

Name the facts, ratio and area of Bristow, Dunn and Delay.

A
  • Ds burgled V. V found dead after Ds car hit V.
  • Burglary can be dangerous is D makes it dangerous.
  • Dangerous act.
132
Q

Name the facts, ratio and area of Church.

A
  • D punched V, knocks her out and throw her into river where she drowns.
  • Would the reasonable person view the act as dangerous?
  • Dangerous act.
133
Q

Name the facts, ratio and area of Newbury and Jones.

A
  • Ds pushed stone off bridge. Hit a train and killed guard.
  • D must have MR for unlawful action.
  • MR.
134
Q

Define duress and state the cases.

A
  1. D must fear death or serious injury.
  2. Would sober person of reasonable firmness do the same?
    - Graham
    - Howe
    - Gotts
    - Wilson
    - Bowen
    - Valderrama Vega
    - Martin
    - Hudson and Taylor
    - Gill
    - Cole
    - Hasan
    - Shepherd
135
Q

Name the facts, ratio and area of Graham.

A
  • D lived with wife and boyfriend. Boyfriend ordered D to kill wife.
  • 2-part test, does not matter if D is heavily intoxicated.
  • 2 part test.
136
Q

Name the facts, ratio and area of Howe.

A
  • D tortured and killed 2 Vs.
  • Duress not available for murder.
  • Type of offence.
137
Q

Name the facts, ratio and area of Gotts.

A
  • D attempts to kill mother.
  • Duress not available for attempted murder.
  • Type of offence.
138
Q

Name the facts, ratio and area of Wilson.

A
  • D killed neighbor under instruction of father.
  • Does not matter Ds age, duress not available for attempted murder.
  • Type of offence.
139
Q

Name the facts, ratio and area of Bowen.

A
  • D of low IQ stole goods by deception and family were threatened.
  • Expands objective test: age, gender, pregnancy, disability.
  • Part 2 of Graham test.
140
Q

Name the facts, ratio and area of Valderrama Vega.

A
  • Smuggled cocaine as mafia threatened him.
  • Death / serious injury must be main reason for Ds actions. Cumulative effects will be taken into account.
  • Cumulative effect.
141
Q

Name the facts, ratio and area of Martin.

A
  • D suffered mental condition which he felt threatened, causing him to commit and robbery.
  • About reasonable belief that death or serious injury will occur.
  • Develops Graham test.
142
Q

Name the facts, ratio and area of Hudson and Taylor.

A
  • Ds committed purgery in court. Lying saying no safe avenue of escape from being cut up.
  • If D has safe avuenue of escape, D must take it.
  • Safe avenue of escape.
143
Q

Name the facts, ratio and area of Gill.

A
  • D steals lorry as his family is threatened.
  • If D has a safe avenue of escape, they must take it.
  • Safe avenue of escape.
144
Q

Name the facts, ratio and area of Cole.

A
  • Family threatened to commit burglary.
  • If you voluntarily associate with criminal activity, you are not entitled to duress.
  • Nexus - link offence to defence
145
Q

Name the facts, ratio and area of Hasan.

A
  • D threatened to commit burglary.
  • If you voluntarily associated with criminal activity, you are not entitled to duress.
  • Voluntary association.
146
Q

Name the facts, ratio and area of Shepherd.

A
  • D member of non-violent gang, who become violent.
  • D got defense as group were not expected to become violent.
  • Voluntary association.
147
Q

State the cases in duress of circumstance.

A
  • Willer
  • Conway
  • Pommell
  • Cairns
  • Martin
148
Q

Name the facts, ratio and area of Willer.

A
  • D convicted of reckless driving. Youth’s shouted ‘I’ll kill you’ and he turned around and mounted pavement.
  • D drove under compulsion of threats.
  • Does D drive due to fear or threat?
149
Q

Name the facts, ratio and area of Conway.

A
  • D was speeding in fear of being shot at.
  • Chose to drive away when no actual threat had occurred.
  • Did not drive away due to fear.
150
Q

Name the facts, ratio and area of Pommell.

A
  • D possessed a gun which was he took from someone who was using it for harm.
  • By taking the gun, he was trying to avoid death or serious injury to someone else.
  • Deth / serious injury test still applies.
151
Q

Name the facts, ratio and area of Cairns.

A
  • V jumped on Ds bonnet. D braked and ran over V.
  • D reasonably believed there was death or serious injury threat.
  • Was imminent fear of death or serious injury.
152
Q

Name the facts, ratio and area of Martin.

A
  • D drove whilst disqualified as his wife threatened to commit suicide if he did not.
  • Duress of circumstance AND threat both apply, Graham test.
  • Graham test.
153
Q

State duress of necessity cases.

A
  • Dudley and Stephens
  • Shayler
  • Re F
  • Re A
154
Q

Name the facts, ratio and area of Dudley and Stephens.

A
  • Ds stranded, killed shipmate and ate him.
  • D in necessity but be forced to act.
  • Actions were not necessary.
155
Q

Name the facts, ratio and area of Shayler.

A
  • Member of MI5 provided journalist with documents he obtained.
  • Act must be to prevent greater evil.
  • Can never breach Official Secrets Act.
156
Q

Name the facts, ratio and area of Re F.

A
  • D had serious mental disability and developed a relationship. Mother + doctors wanted to have her sterilized.
  • Necessary as she was a risk to herself and others.
  • Reasonable to sterilize her to prevent further harm.
157
Q

Name the facts, ratio and area of Re A.

A
  • Conjoined twins. One was dependent on the other. Parents and doctors wanted to separate them.
  • It is a possible defense, even to murder.
  • It is a possible defense, even to murder.
158
Q

State the cases in intoxication.

A
  • DPP v Beard
  • A-G for NI v Gallagher
  • Majewski
  • Kingston
  • Coley
  • Sheehan and Moore
  • Allen
  • Hatton
  • Lipman
159
Q

Name the facts, ratio and area of DPP v Beard.

A
  • Voluntarily intoxicated and rapes girl but covers her mouth to stop her screaming and she died.
  • Voluntarily intoxicated so he could not form the MR. Courts disagreed and said that intent was demonstrated when he covered mouth.
160
Q

Name the facts, ratio and area of A-G for NI v Gallagher.

A
  • Aggressive psychopath killed his wife. Alcohol made him more aggressive; he knew this and bought a bottle of whiskey.
  • D cannot form intent and then become intoxicated.
161
Q

Name the facts, ratio and area of Majewski.

A
  • D took substantial quantity of drugs over 48 hours and committed 4 ABHs.
  • Basic intent so can commit recklessly.
162
Q

Name the facts, ratio and area of Kingston.

A
  • D was drugged and sexually assaulted a 15 year old boy.
  • If D formed mens rea before becoming intoxicated, involuntary intoxication could not be a defence.
163
Q

Name the facts, ratio and area of Kingston.

A
  • D was drugged and sexually assaulted a 15-year-old boy.
  • If D formed mens rea before becoming intoxicated, involuntary intoxication could not be a defence.
164
Q

Name the facts, ratio and area of Coley.

A
  • D attacked his neighbour and was a heavy user of cannabis.
  • D suffered a psychotic episode brought upon by cannabis.
165
Q

Name the facts, ratio and area of Sheehan and Moore.

A
  • 2 Ds were drunk and poured petrol over V and set him alight.
  • Fall back offence of M/S used in order to convict Ds. If murder was put to jury with intoxication and D could not form MR they would be acquitted.
166
Q

Name the facts, ratio and area of Allen.

A
  • D drank some wine that was stronger than intended and committed sexual assaults.
  • Alcohol volume is irrelevant to voluntary intoxication.
167
Q

Name the facts, ratio and area of Hatton.

A
  • D battered V with sledgehammer whilst drunk. D suffered from manic depression.
  • A drunken mistake about amount of force is not an excuse under intoxication. Specific + basic intent.
168
Q

Name the facts, ratio and area of Lipman.

A
  • D took some LSD and believed he was being attacked by snakes. He killed a girl by shoving bed sheets down her throat.
  • Vol intox allows fallback to be used.
169
Q

Define consent and state the cases.

A

Something you agree to have done to you.
- Gillick
- Attorney Generals Reference
- Burrell v Harmer
- Tabussum
- Dica
- Oluboji
- Richardson
- Jones
- Aitken
- Emmett
- Slingsby
- Wilson
- Lock
- Newland
- Brown & Others
- Billinghurst
- Barnes
- Pretty
- Purdy

170
Q

Name the facts, ratio and area of Gillick.

A
  • Pill prescription given to a child.
  • Does V understand what they are consenting to?
  • Real consent and capacity to consent.
171
Q

Name the facts, ratio and area of Attorney General’s Reference (consent).

A
  • Exceptions under consent: tattoo, surgery, horseplay, sporting activity.
  • Exceptions under consent.
172
Q

Name the facts, ratio and area of Burrell v Harmer.

A
  • Tattooed a child.
  • Tattoos are acceptable however the V must be capable of consenting.
  • Real consent.
173
Q

Name the facts, ratio and area of Tabussum.

A
  • Breast examination under false medical pretence.
  • Consent was not valid as it was not founded on truth.

Law (4 decks)

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