Criminal Cases Flashcards
1
Q
Which case establishes factual cause?
A
R v Pagett
2
Q
Which case establishes legal cause?
A
R v Kimsey
3
Q
Which case establishes intervening acts?
A
R v Pagett
4
Q
Which case explores a victims own unreasonable act breaking the chain of causation?
A
R v Kennedy
5
Q
Which case explores state of affairs and absolute liability?
A
R v Larsonneur
6
Q
Which case explores omissions?
A
R v Gibbins and Procter
7
Q
Which case explores transferred malice?
A
R v Gnango
8
Q
Which case explores malice aforethought?
A
R v Cunningham
9
Q
Which case explores oblique intent/foresight of consequences?
A
R v Woollin
10
Q
Which case shows you cannot kill someone who is dead?
A
R v White
11
Q
Which case explores abnormality in mental functioning?
A
R v Byrne
12
Q
Which case explores what substantially impairs means?
A
R v Lloyd
13
Q
Which case explores how D’s mental state provides explanation for their actions?
A
R v Gold
14
Q
Which case shows intoxication alone cannot be a defense for murder?
A
R v Dowds
15
Q
Which case shows ADS to be a recognised medical condition?
A
R v Woods
16
Q
Which case shows that D must intend to commit the unlawful act?
A
DPP v Newbury and Jones
17
Q
Which case shows the unlawful act must be a crime?
A
R v Lamb
18
Q
Which case shows that an unlawful act cannot be a civil wrong?
A
R v Franklin
19
Q
Which case shows that an unlawful act cannot be an omission?
A
R v Lowe
20
Q
Which case establishes the objective test for a dangerous act?
A
R v Church
21
Q
Which case explores the definition of “some harm”
A
R v JM and SM
22
Q
Which case outlines the criteria for loss of control?
A
R v Jewell
23
Q
Which case shows that D must fear violence from V against themselves or another identified person?
A
R v Ward
24
Q
Which case shows that the “things said or done” must be extremely grave?
A
R v Zebedee
25
Which case shows that sexual infidelity cannot be a qualifying trigger?
R v Dawes
26
Which case shows that voluntary intoxication must not be taken into account in loss of control?
R v Asmelash
27
What case forms the basis of the defence of insanity?
R v M’Naghten
28
Which case shows defect of reason? (insanity)
R v Clarke
29
Which case outlines disease of the mind? (insanity)
R v Kemp
30
Which case shows an internal factor? (insanity)
R v Quick
31
Which case shows not knowing nature and quality? (insanity)
R v Oye
32
Which case shows not knowing something is legally wrong? (insanity)
R v Windle
33
Which case defines Automatism?
Bratty
34
Which case shows an external cause? (automatism)
Hay v Butterworth
35
Which case shows that it must be no fault of the defendant? (automatism)
Attorney General’s ref no.2 of 1992
36
Which case shows that an automatic state caused by drink or illegal drugs is recklessness?
R v Coley
37
Which case shows that not knowing your actions will lead to an automatic state is pure automatism?
R v Hardie
38
Which case defined gross negligence manslaughter?
R v Broughton
39
Which case shows the mens rea for gross negligence manslaughter?
R v Bateman
40
Which case shows the principles of the actus reus for gross negligence manslaughter?
R v Adomako
41
Which case shows duty of care for gross negligence manslaughter?
R v Litchfield
42
Which case shows a breach of duty for gross negligence manslaughter?
R v Evans
43
Which case shows “serious and obvious risk of death” for gross negligence manslaughter?
R v Rose
44
Which case shows the risk must be reasonably foreseeable for gross negligence manslaughter?
R v Rudling
45
Which case shows there must be “more than minimal” negligence for gross negligence manslaughter?
R v Broughton
46
Which case defined technical assault?
R v Nelson
47
Which case shows the mens rea for technical assault?
R v Light
48
Which case shows that verbal cues can show there will be no technical assault?
Tuberville v Savage
49
Which case shows the actus reus for technical assault?
Smith v CS of Woking Police Station
50
Which case defined battery?
R v Ireland
51
Which case shows the mens rea for battery?
DPP v Santana-Bermudez
52
Which case shows battery can be through act or omission?
DPP v K
53
Which case shows unlawful force? (battery)
A v UK
54
Which case shows the mens rea for S47 ABH?
R v Roberts
55
Which case shows the actus reus for S47 ABH and defines ABH?
Miller
56
Which case defined GBH?
DPP v Smith
57
Which case defines what “inflict” means?
R v Lewis
58
Which case shows the mens rea for S20 GBH?
R v Cunningham
59
Which case defined “intent” and shows it’s needed for the mens rea of S18 GBH?
R v Morrison
60
Which case defines “appropriation” for theft?
R v Vinall
61
Which case shows knowledge cannot be property?
Oxford V Moss
62
Which case shows “belonging to another” for theft?
R v Webster
63
Which case shows misguided consent in theft?
Lawrence v Comm Met Police
64
Which case shows gift giving obtained through dishonesty is theft?
R v Hinks
65
Which case shows when appropriation take place?
R v Atakpu and Abrahams
66
Which case shows “under obligation” for theft?
R v Hall
67
Which case shows what it means to be in possession of or control for theft?
R v Turner
68
Which case shows what to do if you receive items by mistake in theft?
R v Webster
69
Which case shows “dishonesty” in theft?
R v Barton and Booth
70
Which case shows that if D thought the theft was okay, it cannot be theft?
R v Small
71
Which case shows “intent to permanently deprive?
R v Velumyl
72
Which case shows conditional intent? (theft)
R v Easom
73
Which case shows you need a completed theft for robbery?
R v Waters
74
Which case shows you must use force for a robbery?
R v Clouden
75
Which case shows seeking to put fear of force is enough for robbery?
B and R v DPP
76
Which case shows force must “facilitate” a theft for robbery?
R v Lockley
77
Which case shows the amount of force used for robbery may not be substantial?
R v Clouden
78
Which case shows it is NOT theft if there's no obligation to return the item if a mistake is made?
R v Gilks
79
Which case shows it is NOT theft if you cannot find the owner?
R v Barton and Booth
80
Which case shows that "entry" doesn't need to be substantial, as long as there is a trespass?
R v Ryan
81
Which case shows that a "building" can also include outhouses and sheds?
R v Rodmell
82
Which case shows that if it has wheels and can be moved it is NOT a building?
Norfolk Constabulary v Seekings
83
Which case shows that D may only have permission for part of a building?
R v Walkington
84
Which case shows that you cannot be a trespasser if you have permission?
R v Collins
85
Which case shows going beyond permissions in trespassing?
R v Smith and Jones
86
Which case defines Self-Defence?
Beckford
87
Which case outlines "reasonable force" for self defence?
R v Hussain
88
Which case shows "reasonable force" in householder cases?
Collins v Sec State for Justice
89
Which case shows that mistaken use of force is viable if D truly believed it was necessary?
R v Gladstone Williams
90
Which case shows that D is not under a duty to retreat?
R v Bird
91
Which case shows that pre-emptive force is fine to prevent a crime being committed?
Attorney Gen's Ref 2 of 1983
92
Which case shows duress by threat?
Whelan
93
Which case shows duress by threat CANNOT be used for a murder charge?
R v Gotts
94
Which case shows what kind of threat must be present for duress by threat?
R v Valderrama-Vega
95
Which case shows the two stage test for duress by threat?
R v Graham
96
Which case shows the subjective element of duress by threat?
R v Martin
97
Which case shows that certain characteristics must also be taken into account?
R v Bowen
98
Which case shows that there must be no avenue of safe escape, including via police protection?
R v Hudson and Taylor
99
Which case shows the criteria for how an action becomes duress?
R v Abdul-Hussain
100
Which case shows that the threat must be a SPECIFIC offence for duress?
R v Cole
101
Which case shows self induced duress (ie joining a gang)?
R v Sharp
102
Which case shows duress of circumstance?
R v Willer
103
Which case outlines the criteria for consent?
R v Slingsby
104
Which case shows that consent will usually be a viable defence if the action takes place in the privacy of D's own home?
R v Wilson
105
Which case shows implied consent (ie in sports)?
R v Barnes
106
Which case shows consent must be full, not based on deception?
R v Tabassum
107
Which case shows that there is no consent if V is not aware of the risks (ie STD transmission)
R v Dica
108
Which case shows that if mistaken belief of consent is a genuine mistake, there is a defence.
R v Aitken
