criminal cases Flashcards
(141 cards)
1
Q
factual cause
A
White
2
Q
More de minimis
A
Kimsey, Cato
3
Q
Blameworthy conduct
A
Hughes
4
Q
Thin skull rule:
Pre existing medical condition
Pre existing religious beliefs
A
Master
Blaue
5
Q
Fight or flight
A
Roberts, Majoram
6
Q
Drug cases
A
Cato, Kennedy No2
7
Q
third party
A
Pagett, R v A
8
Q
Medical cases
A
Smith, Cheshire, Jordan
9
Q
omissions duty to act
A
Miller
10
Q
subjective recklessness
A
Cunningham
11
Q
objective recklessness
A
Caldwell
12
Q
going back to subjective recklessness
A
R v G
13
Q
obvious and serious risk of harm
A
Lawerence
14
Q
the affect on the mens rea for murder when a foetus is involved
A
AG Ref No.3 of 1994
15
Q
direct intention
A
moloney
16
Q
lethal dose
A
R v Inglis
17
Q
oblique intent
A
woolin
18
Q
old defence of provocation
A
Duffy
19
Q
loss of control
A
s54 Coroners and Justice Act 2009
20
Q
D must lose self control
A
Jewell
21
Q
qualifying triggers
A
S55 Coroners and Justice Act 2009
22
Q
fear of really serious violence
A
Dawes
23
Q
a sense of being serious wronged
A
Mohammad
24
Q
hypothetical person might have reacted in the same way
A
Rejamanski & Gassman, Amelash
25
diminished responsibility
S2 Homicide Act 1957
26
Abnormality of mental functioning
Byrne
27
AMF needs medical expertise
Bunch
28
intoxication can apply to diminished responsibility
Dowds
29
substantially impaired
Golds
30
D has an RMC and was intoxicated
Joyce and Kay
31
unlawful act manslaughter
Newbury
32
a civil wrong will not do
Franklin
32
the unlawful act must be an act not an omission
Lowe
33
must be subjective mens rea
Andres, Lamb
34
D's act must be dangerous
Church
35
the defendants unlawful act must have caused the death
Goodfellow
36
gross negligence manslaughter
Adomako
37
D owes a duty of care to victim
Wacker
38
breach of duty was so bad that it was criminal
Sellu
39
serious and obvious risk of harm
Rose
40
risk of death
Kuddus
41
assault can be harassment
Constanza
42
words can constitute as assault
Ireland Burstow
43
V can be asleep or hit from behind in battery
Nelson
44
there must be an act for battery
Innes v Wylie
45
creation of a dangerous situation
Miller
46
battery committed by omission
Santana Bermudez
47
indirect battery
Haystead
48
intention or recklessness in assault and battery
Venna
49
assault and battery
S39 Criminal and Justice Act 1988
50
ABH, GBH, Wounding
Offences Against the Person Act 1861
51
spread of sexual disease
Dica
52
recognised psychiatric condition in bodily harm
Ireland Burstow
53
bodily harm involving cutting hair
Smith
54
bodily harm while unconcious
T v DPP
55
wounding is breaking the continuity of the whole skin
Moriarty v Brooks, Waltham
56
GBH really serious harm
Smith
57
just serious harm
Janjua
58
likely to affect health and comfort
Donavan
59
foreseeing the risk
Mowatt
60
the law of consent for assault assumes touching
Collins v Wilckcock
61
leading case for consent
Brown
62
piercing and branding
R v BM
63
fraudulent consent
Tabussum
64
consent by duress
Nichol
65
rape
S1 Sexual Offences Act 2003
66
consent can be withdrawn during sex
Kaitamaki
67
consent and intoxication
Bree
68
conditional consent of a condom
Jullian Assang, F v DPP
68
lied to a prostitute about paying
Linekar
68
the first irrebuttable presumption S76
Williams, Flattery, Jheeta, B
68
lying about a vasectomy
Lawerence
69
the second irrebuttable presumption
Elbekkay
70
S75(a) rebuttable presumption
R v Lewis
71
S75(d) rebuttable presumption
Larter and Castleton
72
a decision formed by intoxication isn't a defence to rape
Woods, Fotheringham
73
touching in the sexual offences act
R v H
74
theft
S1 Theft Act 1968
75
appropriation
Hinks, Morris, Gomez, Lawrence v Met Police
76
Property
Smith, Plummer & Haines
77
money
Davis
78
things in action
Preddy, Marshall
79
human corpses/body parts
Sharpe
80
information
Oxford and Moss
81
property belonging to another
Turner
82
lawful posession
Kelly
83
abandoned rubbish
Williams v Phillips
84
abandoned lost golf balls
Rostran and Collinson
85
property is underneath the land
Waverly
86
the property is found on employers property
Grafstein v Holme
87
property is found on land restricted land by a trespasser
Hibbert McKiernan, Woodman
88
dishonesty
Feely, Gosh, Ivey v Genting Casinos
89
standard of criminal test of dishonesty
Barton
90
conditional intent
Easom
91
taking coins and notes is deprivation
Velumyl
92
burglary
S9 Theft Act 1968
93
burglary entry
Collins, Brown, Ryan
94
entering as a trespasser
Jones and Smith, Walkington
95
Burglary conditional intent
Attorney General Reference Nos 1 and 2 1979
96
robbery
S9 Theft Act 1968
97
robbery requires all areas of theft
Corcoran v Anderton
98
there must be force in robbery
Dawson, P v DPP, Clouden
99
the force should be immediately before or at the time of theft
Hale
100
continuing act of the theft in robbery
James
101
robbery mens rea
Vinall
102
Fraud
Fraud act 2006
103
What is S2 Fraud Act
fraud by false representation
104
the representation can be words, gesture or conduct
Barnard
105
the fraud representation must be directly through an agent
Idrees v DPP
106
there should be implied representations where reasonable
DPP v Ray,
107
the representation must be false
Cornelius
108
there must be knowledge of the representation and this includes wilful blindness
Augunas
109
there must be intention for false representation
Jeevarajah
110
casual intention is decided by the Jury
Gilbert
111
must be dishonesty
Ivey v Genting Casinos
112
section 3 of the fraud act
fraud by failing to disclose information
113
self defence of property
Criminal Damage Act 1971
114
Arrest and crime prevention
Criminal Law Act 1967
115
Householder cases
Crime and Courts Act 2013
116
new consolidation of self defence
S76 Criminal Justice and Immigration Act 2008
117
belief in the use of force to defend
Gladstone williams
118
pre emptive strike
Beckford
119
a person must use force as reasonable in the circumstances
Owino
120
reasonable force
Palmer
121
mental disorders don't apply
Tony Martin
122
householder case
Hussain
123
leading case of duress by threat
Hasan
124
case that set out the tests for duress by threat
Graham
125
duress cannot apply to murder
Howe, Lynch, Gotts
126
the threat must be of serious injury
DPP v Lynch
127
threat must be directed at D or family
Conway
128
psychiatric harm doesn't count as serious injury
Baker
129
false imprisonment is not injury
Vinh
130
sexual assault is not injury in duress
Hammond
131
pain is not injury in duress
Quayle
132
can be a heresay threat
Brandford
133
the threat must be from another
Rodger and Rose
134
threats directed at family
Wright
135
immedicay in duress
Hudson, Abdul Hussain, Cole
136
gang association
Harmer, Ali
137
duress by circumstances main cases
Willer, Conway, Martin, Pommel
