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Flashcards in Criminal Law First Term Deck (369):
1

What is the ratio of R v G and what does it show?

As long as MR is present and B is under 13, reasonable belief in her being older is no excuse. Shows strict liability.

1

R v B

Husband stranger

1

Which case asserts that Olugboja made a fresh start?

R v Elbekkay

1

What is the issue with R v McNechnie?

V may have died at the same time in the same way regardless, but the court made a lot of assumptions to arrive at their judgment

1

What is the ratio in Booth v CPS?

Borderline decision of assuming one state of mind from another

1

How does S.2 Genital Mutilation Act 2003 restrict novus actus?

Defence so that anyone who uses novus actus to get someone to mutilate themselves is still liable

1

What is the ratio in Gillick v West Norfolk and Wisbeck AHA?

Sufficient maturity to consent despite being under the age of 16

1

R v Richardson

Alcoholic dentist

1

Russell [1933]

Wife and child

1

What do Sullivan and Simester note is perhaps the reason for adopting a causation-without-limits approach in cases like Williams?

To deter all unlicensed/unregistered drivers, but this is at the expense of severe injustice

1

What does Williams note about knowledge in Cunningham?

Knowledge of inflammability of coal gas does not lead to an assumption about its toxicity as they cause injury in different ways

1

What does Williams note about subjective recklessness and preoccupation?

It cannot be defeated by an argument from preoccupation, and can be assumed.

1

Smith v Newsam

Sword

1

What else does Horder use apart from suspensory conditions to suggest there is no need for an imminence requirement?

Thomas v Num --> Miners

1

What did the HoL note in R v Ireland about psychological harm and s.47 OAP?

The statute is 'always speaking' as it loosely defined in ordinary words to get meaning from current society

1

What is the MR of s.47 OAP incompatible with?

Correspondence principle

1

What was the ratio in R v Dica?

STDs can be considered to cause GBH despite consent

1

Since consent nullifies AR of assault/battery, and s.47 requires this, does consent nullify s.47?

No

1

What is the ratio in Attorney General's reference (No.6 of 1980)?

Consent to assault does not nullify liability

1

R v Jones

Boy in air

1

What case with higher authority supports the crown court decision in R v Slingsby?

R v Jones and R v Dica

1

As there is no provision for reasonable belief under s.47, what position does the law revert to to ascertain if D believed V gave informed consent?

Subjectivist position

1

When did Lord Jouncey and Lowry in Brown argue that consent becomes immaterial?

When it becomes AoABH or gave objectively a realistic risk of more than trivial harm

1

What act prohibits the case for a good enough reason for consent to s.47 or s.20 in terms of circumcision, limiting it to only men?

Female Genital Mutilation Act 2003, s.1

2

What is covered under s.47 OAP?

Assault occasioning ABH

3

What does Williams say about the argument of not thinking of a risk?

If someone does not believe a risk exists, and it is unreasonable for him to take it, he is still liable because he still thought of it

4

Kaitamiki v R

Rape is a continuing act

4

R v Devonald

Dad, ex-bf

4

R v McNally

'Boy' is girl

4

What are the recent cases in which the CoA have follow decisions prior to R v Olugboja?

R v Larter & Castleton, R v Elbekkay and R v Linekar

4

What case defines 'unlawful' in battery?

Collins v Wilcock

4

What does s.20 OAP govern for?

Inflicting GBH maliciously

4

What is the ratio in R v Bollom?

GBH on a child may not be GBH on an adult

4

How did the CPS deal with the fact that it is arguable if recklessness counts if the risk of harm is less than 0.1% (Dica)?

Increased number of exposures to a low risk infection increases level of recklessness

5

R v Harris

Voices fire

7

What case/judge gives the definition of the AR for s.47 OAP?

Lynsky J in R v Miller

7

What is the AR of s.20 OAP?

Any act that causes 'really serious' bodily harm (DPP v Smith), applying to psychiatric illnesses like s.47, but unlike s.47 it need not be caused by an assault/battery - need only be 'inflicted' which is much wider

7

What is the MR for s.20 OAP?

D must have intended/been reckless as to causing 'some harm' but need not have foreseen the full consequences. Malicious should be interpreted as referring to both intention and recklessness

8

R v Bree

B must have the ability to express agreement or disagreement through the act

9

What is the AR for s.5 SOA?

Penetration of a person under 13

9

What is the ratio in R v Kennedy?

Fully informed act of V broke chain of causation

9

What is an example of a corresponding MR requirement?

Recklessness creating foreseeable risk of 'some harm' to V

9

What was the ratio in R v Konkani?

Consent can be accepted if V had a particularly good reason to suspect or consents and knows the risk

10

R v Brown

Sadomasochists

12

Attorney General's reference (No.6 of 1980)

Football teams (fight)

13

What is the ratio in H v CPS?

Knowledge of the risk is not sufficient for consent

13

What does John Gardner argue is of intrinsic moral significance in assault?

That one inflicted rather than caused harm

14

Who found, through Environmental Agency v Empress Car Company (Abertillery) Ltd, that causation findings are becoming exercises of statutory interpretation?

Sullivan and Simester

15

Which case overrules R v Devonald and how?

R v B - not ANY important purpose hidden.

15

What is a gateway wrong of constructive liability according to Ashworth?

Corresponding MR requirement (recklessness creating foreseeable risk of 'some harm' to V)

16

What does J R Spencer note about the issue of SOA in 'The Sexual Offences Act 2003: Child and family offences'?

Home Office wanted new offences to be punishable regardless of consent, but no provision that express nullifies consent

17

What is the defence to s.3 SOA?

Reasonable belief

18

What does subsection 2 of s.1-4 SOA govern for?

How to determine reasonable belief

18

R v Jheeta

Policeman boyfriend texts

18

R v Dica

HIV and unprotected

19

When is it beneficial, according to Gardner, to draw a line between reluctant acquiescence and mere submission?

When V is insensible with no other safeguard as to consent - lack of any 'positive state of mind at all' cannot count as giving consent regardless

20

Why, according to Ashworth, is a substantive doctrine of intoxication preferable to an evidential doctrine?

Evidential inference can lead to variant outcomes, and it gives transparency

20

What was the ratio in R v Emmett?

One could not consent to lighter fluid on their body if it resulted in a claim under s.47 or even s.20

21

R v Burstow

Stalker posters

22

What four cases define the AR of battery?

DPP v K, Fagan v Metropolitan Police Commissioner, R v Matin, DPP v Santana-Bermudez and Faulkner v Tabot

24

How can one rebut some of the presumptions of 75(2)?

Existence of a close relationship

26

What is the AR for assault?

Any act by which one person causes another to apprehend immediate ad non-consensual bodily contact (Ireland)

27

What is the ratio in DPP v Majewski?

Voluntary intoxication is not a defence to mens rea

27

Dalloway

Reins

28

What did Finch and Munro note about s.74 definition in 'Breaking Boundaries: Sexual consent in the jury room'?

Hindered by stereotypical views, vagueness of central terms, extended to often unrelated factors and led to leniency for D

29

What case supports the MR for assault?

R v Lamb

31

Why does it not fit with Olugboja that the judge in R v Elbekkay decided jury could not have failed to conclude lack of consent?

Asserts types of mistake which do/don't negate consent

32

What case supports the role of transferred malice in battery?

Haystead v Chief Constable of Derbyshire

32

What judge noted that you cannot give a common sense answer to the application of causation?

Lord Hoffman in Empress

33

What is the AR for s.1 SOA?

Penetration and B does not consent to the penetration

34

What does The Interpretation Act 1978 s.6 provide for?

In all AoP, the use of the masculine noun includes the feminine unless the contrary intention appears

34

What is the ratio for R v Jheeta?

Look at individual when deciding between submission and reluctant acquiescence

35

R v Allen

No intention to be drunk

35

What is the MR of s.47 OAP an example of?

Constructive liability

36

What part of the SOA governs for the definition of 'sexual'?

S.78

38

What is the de minimis principle?

'more than negligible cause of death'

39

What is a negative of the rival, fixed-formula approach to rape?

Treats some mistakes as significant to ALL individuals when this may not be true

39

DPP v K

Acid chemistry

39

What is Horder's definition of assault?

'Threatening confrontation experienced by the victim'

40

Faulkner v Tabot

Babysitter - touching does not require you to be active

41

Who found a high level of correspondence in relation to factors that influenced decision making (e.g. victim responsibility, defendant's intentions, parties' intoxication and impact of intoxication)?

Finch and Munro, 'Juror Stereotypes and Blame Attribution in Rape Cases Involving Intoxicants'

41

What are the three positives of the Olugboja approach according to Gardner?

Attentiveness to individual, D's MR requires lack of care about consent so may not lack certainty (by referring to V's state of mind) and decides from impact on V if they acquiesced or submitted

41

R v Pagett

Shot girlfriend

41

R v Bailey

insulin

42

What did Lord Bingham note about D's presence in court in Cunningham?

D's presence when the issue is one of knowledge is vital - no evidence of 'absence of knowledge' creates an evidential presumption of the knowledge

43

What case defines the AR for assault?

R v Lamb

44

What is the ratio for R v Roberts?

Within range of reasonable responses so no contributory negligence

45

What does Horder note is the advantage of his definition of assault over Williams' and Gardner's?

Notes the moral significance of the AR

46

What do Sullivan and Simester note about the application of Dalloway, and why?

It should have been applied in Williams because 'such a Draconian outcome' as expecting D to take account of 'potential homicide liability for deaths which were the sole responsibility of others... is not within the scope of anyone's reasonable expectations'

47

What does section 30 of the SOA govern for?

Sexual activity with a person with a mental disorder impeding choice

48

What does Horder say about 'suspensory conditions'?

They are usually not 'defeating conditions', so they should not be blocked by an imminence requirement

49

Why does R v Linekar not align with Olugboja?

Asserted some kind of mistakes do negate consent and others do not as a matter of law

50

Name at least three cases where consent was allowed to s. 47?

R v Slingsby, R v Jones, R v Dica, R v Konzani

52

What is the ratio for R v Olugboja?

Absence of force/threats of violence does not prove consent

52

What test does the Law Commission give for 'sub-rational' agreement cases?

Fixing transition point between allowing sexual expression and preventing exploitation by having regard to V's ability to understand or retain relevant information and make a decision

53

What is the MR for s.3 SOA?

Intentionally touches another person

55

R v Malone

Drunk neighbour

56

Whitte

Mistaken belief

56

What does Ashworth in 'Intoxication is never a defence' note about the formation of the doctrine?

It is not evidential as there is no MR (presumed), so it is substantive as D would have had MR but for intoxication

56

What three individuals try to give a definition to assault?

Williams, Gardner and Horder

56

What was the ratio in R v Golding?

GBH needs not be 'permanent or dangerous' with 'lasting consequences' - it is up to the jury to decide the effect on V in the individual case

57

What is the ratio for R v Mallet (egg shell skull rule)?

Unlikeliness without subsequent intervention gives liability

58

What is the evaluative causation question to be asked?

Is there a direct intervening cause (novus actus interveniens) that cannot be explained by proximity?

59

What cases give that failure to resist does not constitute consent?

R v Malone, MC v Bulgaria

60

What does Ashworth note about the exclusion of specific intent offences from the intoxication doctrine?

It is a 'simple move that allows for increased flexibility, and moral sensitivity'.

61

What precedent gives that rape is a continuing act?

Kaitamiki v R

62

What does section 5 of the SOA govern for?

Rape of a child

62

Name at least three cases which support the fact that there is no notion of contributory negligence?

R v Roberts, R v Lewis, R v McNechnie, R v Pagett and R v Hughes

63

What is the ratio in R v Fotheringham?

D cannot rely on a belief caused by intoxication

63

In what cases did the courts show that consent to the assault/battery does not preclude liability under s.47?

AG's reference (No.6 of 1980) and R v Brown

64

How does the Law Commission suggest we fix a transition point for 'sub-rational' agreement cases?

Have regard to V's ability to understand or retain relevant information and make a decision

66

What section of SOA dictates requirements for sexual activity with a child?

Section 9

66

What is the ratio for R v Jheeta?

None of the deceptions affected the act itself

66

What are the four possible defences to s.47 OAP?

Consent, self-defence, duress and insanity

67

What is the MR of s.9 SOA?

Intentionally touches another person

68

R v Cheshire

Breathing tube infection

69

What are the four possible defences to s.20 OAP?

Self-defence, duress, insanity and consent

70

Fagan v Metropolitan Police Commissioner

Policeman's foot

71

What is the ratio in Collins v Wilcock?

You cannot continue with everyday touching if they object strongly

72

What two other issues did J R Spencer find with the new child sex offences in the SOA in his article?

They are complex/obscure with serious overlap and it is legislative overkill

72

Who doesn't Williams agree with on the top of anger making an exception to subjective recklessness?

Lord Ziplock in Caldwell who extends it to other emotions such as excitement

73

What case supports the first way to prove recklessness according to G v R (D took an objectively unreasonable risk)?

Chief Constable of Avon v Shimmen --> Martial arts

73

Haystead v Chief Constable of Derbyshire

Wife and baby

74

What does s.9(2) govern for?

Types of touching liable for sexual activity with a child

74

Does a novus actus interveniens count even if it was foreseeable?

Yes

76

What does s.74 SOA govern for?

Consent

76

Booth v CPS

Damaging car

77

R v D

Wife suicide

77

What is the ration in R v Harris?

D didn't have sufficient MR, but could also distinguish from Parker in that he had no choice due to his mental illness, drawing a comparison with Jones v First Tier Tribunal and Criminal Injuries Compensation Authority.

78

What are the four key cases for deciding a freedom to agree?

R v C, R v Jhetta, R v Kirk and R v Olugboja

79

What does section 4 of the SOA govern for?

Causing sexual activity without consent

81

What is the ratio in R v Roberts, in reference to s.47 OAP MR?

Foresaw original assault so guilty of ABH

83

R v Satnam and Kewell

Hope

83

Collins v Wilcock

Everyday touching

84

Why did the EU reverse the decision in MC v Bulgaria?

Fundamental that consent is expressed

85

R v Slingsby

Signet ring

87

R v Green

Doctor masturbate

88

What cases shows most effectively the interplay between s.74 and s.76?

Thomas LJ in Assange v Swedish Prosecution Authority

88

What is the key case for recklessness in non-fatal offences?

G v R

89

R v Spratt

Air rifle

90

R v Golding

Herpes

91

R v B

Schizophrenic

91

Which case rejects the fact that Olugboja made a fresh start?

R v Linekar

92

What section gives deceptions in the SOA?

S.76

93

What are the two basic offences against the person?

Battery and assault

95

What does the judgment in Olugboja focus on?

Protecting sexual autonomy

97

What section of the SOA governs for consent?

S.74

97

R v Mallet

Neighbours fighting

98

What are a few cases involving s.76(a)?

Any from R v Green, R v Jheeta, R v Devonald, R v B, R v Bingham, R v McNally and AKJ et al v Metropolitan Police Commissioner

100

What is the ratio in R v Allen?

It is irrelevant if D has no intention to be drunk

102

What act is used to define the word 'capacity' in the SOA?

Mental Capacity Act 2005

103

What is the MR of s.4?

Intentionally causes B to engage in a sexual activity

105

What did the court note about R v Dica and consent?

If partners had consent, the harm is unwanted wide effect and therefore not intended

106

What does the word 'unlawful' remove liability for in battery?

Minor contacts carried out in an everyday and civilised fashion

108

What did Temkin and Ashworth disapprove of in the SOA?

Hierarchical approach where fraud/deception is non-rebuttable but threats/violence are

109

What section of SOA dictates requirements for rape of a child?

Section 5

110

What is the ratio in R v Matin?

Indirectly causing unwanted contact constitutes a battery

111

Laskey v UK

Sadomasochism 2

113

R v Blaue

Jehovah's witness

115

What are the four negatives of the Olugboja approach according to Gardner?

Uncertain, D cannot know about V's state of mind, like cases not treated alike and may look to individual to see if they should have taken the pressure in their stride

117

Why is R v McNally not technically giving support to the use of s.76(b)?

Decided under s.74 instead

118

Outline the judgment in R v Linekar

Ignored Olugboja's fresh start, asserted some kind of mistakes do negate consent and others do not as a matter of law

118

What is the MR for battery?

D must intend or be reckless as to the unlawful bodily contact. Transferred malice.

119

What is an example of a sine non qua test?

Medical evidence

119

What four things are covered under the Offences Against the Person Act 1861?

Assault occasioning ABH, maliciously inflicting GBH, maliciously inflicting GBH with intent and poisoning

120

When is there an exception to novus actus according to G Williams?

When D remains the de facto cause in spite of the subsequent novus actus

122

What is the ratio for R v Cheshire?

Medical negligence will never remove D's responsibility if injury is still present at death

124

What is the ratio on imminence given in Ireland?

'V must have to fear that D intended to use unlawful force on him before V' could escape or seek 'official protection'

125

What were the facts in Russell?

Negligently failing to stop his wife murdering his child and committing suicide

127

What does the Law Commission give as guidance for misapprehension cases?

If the matter as to which V was mistaken was important enough TO HER, it negates consent

129

Who found that the public generally decided against legal position of R v Malone in terms of conscious = ability to consent/struggle?

Finch and Munro, 'Juror Stereotypes and Blame Attribution in Rape Cases Involving Intoxicants'

130

R v Lamb

Gun

131

What solution of JC Smith does G Williams adopt in 'Finis for Novus Actus'?

Distinguishing between 'the last act necessary' and the 'preparatory stage'.

133

What section of the SOA gives rebuttable presumptions?

S.75

134

What is the ratio for R v McNally?

Homosexual act was not agreed upon so deception as to nature

135

What three cases explicate the function of novus actus interveniens?

Environmental Agency v Empress Car Company (Abertillery) Ltd, R v Kennedy and R v D

136

What did Finch and Munro conclude in 'Juror Stereotypes and Blame Attribution in Rape Cases Involving Intoxicants'

'Strong evidence... of an ongoing reliance on legally irrelevant factors and adherence to stereotypical views of sexual behaviour'

137

What is the defence to s.5 SOA?

No defence

138

R v Parker

Smash phone box

139

What is the ratio in R v Venna?

Recklessness as to the act is sufficient - no intention required

140

What subsection of the SOA gives for reasonable belief?

Subsection 2 of s.1-4 SOA

142

What is the point of evaluative causation?

Causation 'in law' to filter out arbitrary sine non qua contributions

142

Why did the HoL in R v Ireland note that psychiatric injuries can be a form of ABH?

They can lead to physical symptoms and affect the nervous symptoms

144

What four cases support the fact that recklessness for battery is usually a narrow meaning of personal foresight?

R v Spratt, DPP v Majewski, R v Allen and R v Brady

145

What are the three ways of filtering out arbitrary sine non qua contributions?

Egg shell skull rule, subsequent omissions/acts that do not change operative cause of D's action are irrelevant and no notion of contributory negligence for V

146

AKJ et al v Metropolitan Police Commissioner

Undercover

148

What is a case which supports the egg shell skull rule?

R v Mallet --> Neighbours fighting

149

What is the ratio for R v Bingham

There was no deception as to the sexual purpose of the act

150

What cases give definitions for not good enough reasons for consented-to activity?

Attorney-General's Reference, R v Brown, Laskey v Uk and R v Emmett

151

Jones v First Tier Tribunal and Criminal Injuries Compensation Authority

Suicide

153

MC v Bulgaria

Field - EU reversed the decision of Bulgaria

155

Williams [2010]

Appearing

157

R v Hardie

Valium

158

Why was the case thrown out in R v D (wife suicide)?

Ireland requires evidence to prove psychiatric effects

159

What is the ratio in R v Richardson?

Consent given to acts, not people

160

What two cases define MR of s.47 OAP?

R v Savage and R v Roberts

162

What were the CoA disapproving of in R v Richardson?

Prosecution should have focused on bad dentistry and less on unregistered dentist

163

R v Ireland

Silent phone calls

164

How can Williams and R v Kennedy be distinguished according to Sullivan and Simester in 'Causation without limits'?

V in the former did not die by her own hand, but in both V was wholly responsible

165

R v B

HIV - no active deception so not rape

166

What is the ratio for R v Lewis?

Supports R v Roberts - reasonable response

166

Which case gives that malicious should be interpreted as referring to both intention and recklessness in s.20 OAP?

R v Cunningham --> Gas meter

168

IM v LM

Capacity for treatment - threshold to give consent to sexual activity is very low, and limited relevant information is required

170

R v Kirk

Taxi man (money, homeless, previous abuse etc.)

170

What is not a defence to s.47 OAP?

Chastisement

172

The Law Commission noted what two types of agreement cases?

'Sub-rational' agreement cases and misapprehension cases

174

Environmental Agency v Empress Car Company (Abertillery) Ltd

Oil pollution

175

DPP v Santana-Bermudez

Ticket tout

177

R(F) v DPP

Withdrawal

179

What is the ratio for R v Green?

Deception about true purpose negates consent

180

Gillick v West Norfolk and Wisbeck AHA

Gillick competence

181

How can the prosecution disprove consent under s.74 SOA?

Need only disprove one, and all are left undefined in the statute so need to use precedent

181

What are the problems with Thomas LJ's statement in Assange about deceptions?

Material deceptions being covered under s.74 is arguably obiter and decision in McNally is arguably obiter as it would fit under s.76

183

What does Williams say about the action of knowledge?

'Knowledge must be regarded as a continuing state of mind'

184

What two cases show that anger or forgetting does not remove recklessness?

R v Parker and R v Harris

185

What two cases define consent to battery?

H v CPS and Gillick v West Norfolk and Wisbeck AHA

186

Is there any binding precedent for Thomas LJ's statement in Assange?

No

187

What was the ratio in R v Barstow?

Psychiatric illness is now considered bodily harm, so the word 'inflicted' should not be limited to its Victorian usage - causation is sufficient, and not the same as the narrow meaning for assault/battery

188

What is the MR for s.5 SOA?

Intentionally penetrates the vagina, anus or mouth of another with his penis

188

What does G v R give to prove recklessness?

Prosecution must satisfy the court that D took an objectively unreasonable risk and they foresaw that risk at the time

189

Who noted that the principle of novus actus can rescue D from strict liability and in which article?

G Williams, 'Finis for Novus Actus'

191

What is the ratio for Chief Constable of Avon v Shimmen?

Taking a tiny risk can be reckless if it is without good reason

192

What statute restricts novus actus for women?

S.2 Genital Mutilation Act 2003

193

What cases show a radical development in the law of GBH in particular?

Dica, Burstow etc.

194

What case supports the ratio of R v Cheshire?

R v Blaue --> Jehovah's witness

196

What analysis of the intoxication doctrine does Ashworth prefer and why?

Constructive liability - allows courts to convict D of a stand-alone intoxicated wrongdoing than of the crime corresponding to the later AR

197

What is constructive liability made up of according to Ashworth?

A gateway wrong and an aggravating part

199

What is an aggravating part of constructive liability according to Ashworth?

A matter of strict liability (V dies)

200

R v Kennedy

Supplying heroin

201

What two cases show the courts 'having regard to all circumstances' to determine reasonable belief?

R v B and R v Fotheringham

203

What case suggests that deceptions may negate consent to battery?

R v Richardson

205

Within the specific families of criminal wrongs with overlapped AR elements, what two features appear?

More serious offences require purposive intent and there is always a fall-back offence

206

What is the ratio in R v Bailey?

Lack of knowledge of a substance's effects removes MR.

208

R v Bingham

Sexual acts

209

What judges in Brown noted that When it becomes AoABH or gave objectively a realistic risk of more than trivial harm, consent is immaterial?

Lord Jouncey and Lowry

210

Who disapproves of the hierarchical approach of the SOA in terms of fraud/deception (non-rebuttable) as worse than threats/violence (rebuttable)?

Temkin and Ashworth

212

What is the ratio in R v Lamb?

Where the parties do not apprehend any risk at all, there is no AR, and D lacked MR as he neither intended to shoot his friend, nor foresaw V's apprehension

213

If a substance is consumed which is not known to be dangerous/alcoholic, which case does not apply?

DPP v Majewski

214

What case supports the fact that subsequent acts/omission are irrelevant if they do not change operative cause of D's action?

R v Cheshire --> Breathing tube infection

215

R v C

Mother's boyfriend

215

Beatty v Gillbanks

Salvation Army v Skeleton Army

217

Why does Williams reject the indifference test?

Too hypothetical

218

What is the ratio in R v Savage, in reference to s.47 OAP MR?

No MR further than assault/battery is required

219

R v Williams

Singing voice

220

What is the ratio of Faulkner v Tabot?

Touching does not require you to be an active participant

221

What two cases give that conditional consent to penetration may be valid if it relates to the act itself?

Assange v Swedish Prosecution Authority, R(F) v DPP

223

What does S Gardner note about court's use of R v Olugboja in 'Appreciating Olugboja'?

CoA have preferred to follow earlier decisions in 3 recent cases

225

What is the ratio in R v Sprat?

Not reckless - didn't foresee any harm at all

226

Thomas v Num

Miners

228

What is the ratio in R v Martin in regard to inflicting GBH?

'Inflict' does not have the same meaning as for assault/battery - he need not have done it personally

230

What is the ratio for R v Hughes?

Matters to proximity test if blame can be attributed to D's act

231

R v Savage

Pub glass

232

How does Thomas LJ in Assange v Swedish Prosecution Authority show interplay between s.74 and s.76 SOA?

Deceptions not under s.76 may fall under s.74 if important enough

233

What is the ratio in DPP v K?

Only a causal link is required, no MR for battery

235

What are the common elements of s.1, s.3 and s.4 in the SOA?

Consent and reasonable belief

237

How does s.74 SOA define consent?

'Agreement by choice, by someone who had the freedom and capacity to make that choice'

239

What is the defence to s.1 SOA?

Reasonable belief

240

After noting Lord Hoffman's statement about application of causation in Empress, what do Sullivan and Simester say this means?

Restrict causation doctrine to mere statutory interpretation

242

What does subsection 2 of s.1-4 SOA give for reasonable belief?

It is determine by 'having regard to all circumstances, including any steps A has taken to ascertain whether B consents'

243

What is the ratio for R v Devonald?

Any important purpose hidden is deceptive - very wide meaning of 'purpose'

244

What does s.20 OAP not require unlike s.47?

Doesn't require GBH to be caused by an assault/battery, only 'inflicted'

245

What section of SOA dictates requirements for sexual activity with a person with a mental disorder impeding choice?

Section 30

246

Why does Ashworth not agree with the Modal Penal Code on the sufficiency of a statistical link?

Whilst violence is usually accompanied by intoxication, this is not always true in reverse - we do many risky things in society, but the presence of risks does not make it a wrong

247

What case limits the ways that agreement can be expressed?

R v Ciccarrelli --> Come on. Considered gap of several hours relevant

248

What is the ratio in DPP v Santana-Bermudez?

V did not make an informed choice OR D battered her by 'omission'

249

What is the ratio for R v Kirk?

Difficult case but decided that due to circumstances, she lacked freedom to agree as she had no other choice

250

What did the CPS try to prosecute for in R v D?

Unlawful act manslaughter where the act was ABH psychological harm to avoid use of novus actus through mental damage

251

R v Emmett

Lighter fluid

252

What was the ratio in R v Slingsby?

Restricted to acts intended or foreseen, so consent can nullify ABH liability, although just a crown court decision

254

R v G

15 years old?

255

What five points did Lord Lowry in C v DPP give for courts to consider before making radical developments?

Matter of law or wider social ramifications, has P consider it, is the answer to the case clear, would they be discarding fundamental legal doctrines and would changing the law lead to clarity and finality

257

R v Hughes

Uninsured hits druggie

258

What is the ratio in Fagan v Metropolitan Police Commissioner?

Omission of acting can cause battery

259

What is a 'freedom to agree', and what is the key precedent for this?

Acquiescence is agreement, but submission is not. Key precedent if R v Olugboja [1982] --> House rape

260

What is the AR of s.9 SOA?

Touching is sexual (s.78), and either (1)(c)(i) B is under 16 and A has no reasonable belief that they are older or (1)(c)(ii) B is under 13. (2) also gives the types of touching liable

261

What case gives the requirement of foreseeing some harm in s.20 OAP?

DPP v Parmenter --> Shook baby

262

What is the ratio for R v Pagett?

Two causes of same death do not cancel out D's actions

263

R v Lewis

Student vs. taxi

264

According to J C Smith and G Williams, in the 'preparatory stage', is the instigator still responsible if there is an intervening act?

No

266

What is the MR of s.47 OAP?

D needs to have intended/foreseen the original assault/battery but need not have intended/foreseen the ABH.

267

What section of SOA dictates requirements for causing sexual activity without consent?

Section 4

268

What case shows that later knowledge may be brought in to prove recklessness?

Miller [1983]

269

R v Cunningham

Gas meter

271

What does the Modal Penal Code argue is sufficient in intoxication doctrine?

Statistical link

272

Faulkner v Tabot

Babysitter sex

273

How does Horder suggest an independent role of fear-inducing threats could be created?

By focusing on morally significant way psychic assault is nearly always done through confrontation

274

What is the ration in Jones v First Tier Tribunal and Criminal Injuries Compensation Authority?

Subjective nature of recklessness - consider individual's mental state at the time

276

R v Bollom

Depends on individual victim

277

What meaning did R v Ireland stretch?

'Immediate' to imminent

278

What is the ratio in Environmental Agency v Empress Car Company (Abertillery) Ltd?

D responsible for creating the risk and legislation extended liability

279

R v H

Tracksuit

280

S.143 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 gives what to s.20 of the OAP?

Similar office in respect of serious injury caused by dangerous driving which is kind of negligently causing GBH

281

What does section 9 of the SOA govern for?

Sexual activity with a child

282

There is no offence of ______ causing GBH

Negligently

283

R v Roberts

Hitchhiker

284

What is the ratio in R v Brown?

Not a good enough reason so consent did not nullify liability

285

What are the three policy arguments in favour of novus actus according to G Williams?

D should not be guilty for something the public would blame on someone else, making D responsible for V's foreseeable behaviour is too great a restriction and restricts the number of persons liable

286

If there is no ____, s.20 can't be applied.

Foresight

287

Which lord in C v DPP gave five points to consider before making radical developments?

Lord Lowry

288

What is factual causation?

Sine non qua test

289

What is the ratio in DPP v Smith?

Not necessarily life threatening harm, and need not be permanent GBH

291

Which case gives a very wide meaning to s.76(a) - 'purpose'?

R v Devonald

292

DPP v Smith

'Really serious'

294

What case create uncertainty in the law of manslaughter and it's interaction with novus actus according to G Williams?

Australian case of Russell [1933]

295

What is the AR of s.4?

Engaging in sexual activity without the consent of B

297

What were the court open to in R v D (wife suicide)?

Idea that ordinary assault would cause death even without psychological suffering but the CPS did not follow this route

299

What is the ratio in R v D?

No novus actus as she did not make the decision freely

301

What three cases support the second way to prove recklessness according to G v R (D foresaw risk at the time)?

R v Cunningham, Booth v CPS and Jones v First Tier Tribunal and Criminal Injuries Compensation Authority

303

What is the ratio in R v B?

Mental illness or delusions could not found reasonable beliefs as they are irrational by nature

304

The emphasis on what requires special offences for those who have sexual activity with children?

Visceral rather than cerebral thinking, but lacking ability to conduct their own decision-making means they lack capacity regardless

305

What is the AR for s.47 OAP?

'Any hurt of injury calculated to interfere with health or comfort', coming from an assault/battery

307

What does s.8 Criminal Justice Act 1967 show?

The proof of criminal intent

309

What does s.78 use to define 'sexual'?

Nature is sexual regardless of circumstances/purpose, or because of nature may be sexual and circumstances/purpose make it sexual

310

What two cases note that agreement is solely to the actual physical acts?

R v Linekar and R v B

311

What is the ratio for R v McNechnie?

Supports R v Roberts and R v Lewis

313

What is the ratio in Faulkner v Tabot?

If girl was passive, there is no battery, so novus actus decided the case

314

What is the ratio in R v Brady?

Despite being drunk, if D wouldn't have foreseen the risk sober then D is not liable

315

R v Fotheringham

Babysitter, not wife

316

What case decided that capacity to understand the act was too low based on the circumstances?

R v Williams --> Singing voice

317

What is the ratio for Whitte?

Trial judge - if D has a reasonable belief in V's consent because D believes V is someone else (C), then D cannot call on mistaken belief

318

What does section 3 of the SOA govern for?

Sexual assault

319

What case makes use of the MCA 2005 as a definition for 'capacity'?

R v A (G)

320

What did Gardner consider about the application of Olugboja in Linekar?

The conviction would probably have held

321

R v Jheeta

Policeman boyfriend texts

322

How can the judgment in R v Fotheringham be varied according to modern day views?

It was decided that belief did not exist at all, but now it exists but is necessarily unreasonable

323

R v McNechnie

Old man ulcer

325

What does section 1 of the SOA govern for?

Rape

326

What section of SOA dictates requirements for rape?

Section 1

327

What was the ratio in Dalloway (1847)?

D's mere presence on the road was not to be taken as the legal cause of V's death

329

R v Venna

Police battery

330

What is the venial intervener, according to G Williams?

D can remain responsible if V acted 'semi-forgivably', as long as it was reasonably foreseeable

330

When does Williams note that subjective recklessness could afford a defence?

When concepts of recklessness should not be used anyway (e.g. his example of opening a door whilst preoccupied and hitting a cyclist)

331

What does the court draw a line between in Olugboja?

Reluctant acquiescence and mere submission

332

What was the ratio in R v Wilson?

Consensual matrimonial activity should not be criminalised

333

What is the MR for assault?

Intending or foreseeing that V may apprehend immediate and non-consensual bodily contact

334

Elliot v C

Shed fire

335

Why does the morally distinct part of Horder's AR for assault render immediacy unimportant?

It focuses on V's perception of D's words as threatening for AR

336

Outline the judgment in R v Elbekkay

CoA rejected pre-1976 law, accepting that Olugboja made a fresh start, but decided that the jury could not have failed to conclude lack of consent

337

What are the two exceptions to the requirement of subjectivity in recklessness for William?

Intoxication (Caldwell) and anger

338

R v Linekar

Prostitute paid

338

In what case did Lord Lowry give five points for courts to consider before making radical developments?

C v DPP

339

R v Martin

Theatre 'fire'

340

What two cases define MR for battery?

R v Venna and Haystead v Chief Constable of Derbyshire

342

What are the three mistakes that the Law Commission gives as negating consent as a matter of law?

Nature of the act, identity of D and D's freedom from STDs.

343

DPP v Majewski

Forgetful

344

What does Horder argue for an 'independent role' in assault?

Fear-inducing threats through the way fear can be caused - focus on morally significant way psychic assault is nearly always done through confrontation

345

What is the ratio for R v B?

Look at refined purpose each individual has for entering into the act - she understood the act so not a deception

347

What is the ratio in R v H?

Definition of touching sufficient for touching clothes for s.3

348

R v Brady

Crippled pub

349

What two cases support the fact that Majewski does not apply when substance is consumed and not known to be dangerous/alcoholic?

R v Bailey and R v Hardie

351

What is the defence to s.4?

Reasonable belief

352

What was the ratio in R v Jones (boy in air)?

Boy consented and boys did not foresee any harm, so defence to s.47

353

Why does Lord Hoffman note that you cannot give a common sense answer to the application of causation in Empress?

Need to know more about scope and purpose of the rule to which it is to be applied

354

Assange v Swedish Prosecution Authority

Condom

355

What does John Gardner name as unnecessary qualifications to the essential wrong of causing harm?

Imminence and requirement of threats

356

R v Wilson

Buttocks

357

According to the CJA s.8, what is the proof of criminal intent?

Not enough to assume foresight due to 'natural and probable consequences' - D has actually to foresee them, by reference to all the evidence and drawing appropriate inferences

358

What is the MR for s.1 SOA?

Intentionally penetrating the vagina, anus or mouth of another person with his penis

359

What is the AR for s.3 SOA?

Touching that is 'sexual' for the purposes of s.78 and B does not consent

360

What is the ratio for AKJ et al v Metropolitan Police Commissioner?

Fraud to obtain sexual relations is not illegal under SOA

361

What are good enough reasons for consent to s.47 or s.20?

Medical treatment, tattooing (R v Wilson), boxing/regulated sport and male circumcision

362

According to G Williams in 'The Unresolved Problem of Recklessness', what does the Draft Code of the LC plan to go back to?

Subjective recklessness

363

What is the ratio for R v Satnam and Kewell?

Narrow definition of 'belief' - no doubt in D's mind

364

What is the AR for battery?

Any act by which one person makes or causes unlawful non-consensual bodily contact with another

365

H v CPS

Mental patient

366

What is a positive of the rival, fixed-formula approach to rape?

Respects need for certainty

367

R v Olugboja [1982]

House rape

368

What case supports the fact that for the AR of assault, V need not think something is actually going to happen, just apprehend it?

R v Ireland

369

What is the ratio for R v C?

If relationship is unequal and abusive from the start, V does not change from submitting to consenting