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Flashcards in Criminal Law Second Term Deck (342):
1

DPP for NI v Lynch on MR

No intent needed, just knowldge

2

R v Hasan

Prostitute's boyfriend

2

For s.6, does R v Wood have the necessary MR?

He thought it abandoned so no

3

R v Mitchell

Post office; transferred malice of dangerous act

3

R v Kingston

Intoxicated paedo

4

What case shows that it is irrelevant if V was happy for duty to be neglected?

R v Wacker

4

Why was a defence necessary in Re A?

Because of indirect intention

4

In which soft law instrument does it state that there needs to be a statistical link between the risks created by drinking and those created by D's acts?

Modal Penal Code

4

R v Powell and English on fundamental difference

HoL found tenable argument that should have gone to the jury if wood is fundamentally different to a knife

5

What did Matthews and Alleyne highlight about indirect intention?

Jury must be told about discretion under Woollin

5

What are the two partial defences to murder?

Diminished responsibility and loss of control

6

R v Vinall

Bicycles at bus stop

7

What does the case of Diestchemann tell us about the causation of an abnormality?

Need not be the only reason, just substantial

8

When does Majewski not apply to basic intent (Brady)?

When D would have done the same sober

8

What is the basic definition of theft?

Dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it

8

R v Velumyl

Company director

9

Why do Horder and McGowan prefer GNMS to UAMS?

Not limited specific non-fatal offence against V

9

Who argues that there should be a margin of sympathy for doctors under indirect intent?

Ashworth, "Criminal Liability in a Medical Context"

9

What section of Theft Act provides a get out, usually when it's a gift?

S.3(2)

10

What is the only difference between s.18 and murder?

Chance outcome of death

10

R v Mitchell on s.6?

Court distinguished between hiding and leaving the object in an obvious place

11

R v Sutcliffe

Experts concluded together but still convicted

12

Who argued for an exclusionary effect of the insanity defence?

Child and Sullivan, "When does the Insanity Defence Apply?"

13

What case outlines the definition of a 'human being'?

Attorney-General's Reference (No.3 of 1994)

14

Why was R v Lloyd not a permanent deprivation?

Object still had virtue

15

Ratio in Watson?

Entire act need not be dangerous

16

What case showed that the question of whether condition was 'significant' for DR is left to the jury?

R v Khan

16

R v Clarkson

Barracks rape and friends

17

Lawrence v MPC on s.3

P deliberately omitted 'without the consent of the owner'

18

What section is diminished responsibility under in CJA?

S.52

18

What judge in particular considered private defence?

Ward LJ

19

What did Hale suggest in Hasan to look after battered women?

Limit to forcing others to do criminal acts, suggesting Law Com's suggestion of associating 'without reasonable excuse

20

What are the three main elements of insanity?

1) defect of reason, (2) from disease of the mind (3) so as (a) not to know nature/quality of act OR (b) know it was wrong

21

Ratio in Dawson?

Not with hindsight

21

What case shows that diminished responsibility is not the same as insanity due to needing MR?

R v Byrne

21

What does the case of DPP for NI v Maxwell say?

Can infer from the fact you know P to be terrorists that weapons will be involved

22

R v Mitchell

Stolen car

23

R v Bailey

Pipe to batter wife's lover

23

DPP for NI v Lynch

IRA hijacked

24

What does Hasan say primarily in duress by threats?

You cannot voluntarily associate with someone you know or ought to know uses threats to force others to do things

25

What does Keown believe was confused in Bland?

Sanctity of life and vitalism

25

What does Beckford v R show?

Most responses are reasonable if you believe your life to be in danger

25

What did Steyn reject in Hinks?

Appropriates is preceded by 'unlawfully'

25

Carter v Richardson

Driving instructor and other drunk

26

who suggested the number of NGRI verdicts is levelling out?

Mackay "Ten More Years of the Insanity Defence"

27

Why was automatism refused as a defence in Coley?

Enough control to find the key

29

R v Pittwood

Train crossing

29

Tuck v Robson

After hours in pub (aid and abet)

31

What case shows that an omission cannot form a UA for UAMS?

Lowe

31

R v Burgess

Sleepwalking without external event so insanity

31

What Act covers theft and in what sections?

The Theft Act 1968, s.1-6

33

What are the elements of unlawful act manslaughter?

D committed an unlawful act, it was 'dangerous' and it 'caused' the death of V

34

What does R v Turner show about s.5?

You can steal your own property

35

Beckford v R

Policeman and brother gun

35

R v Safi

Hijack plane

35

Who gave the test for dishonesty in Ghosh?

Lord Lane CJ

36

R v Gnango on victim rule

Victims are capable of assisting offences against them

37

What case shows duress by threats is never a defence to murder?

R v Howe

38

R v Marshall

Ticket tout; travelcards belonged to LU

39

What case enforces the fact that the threat for duress needs to be of death/serious harm (e.g. Moriarty v Brookes --> Piercing skin)?

R v Dao

40

National Coal Board v Gamble on MR

Overweight lorry; knowledge, not intent

41

What is the MR for murder?

D needs to have intended death or GBH (R v Cunningham)

42

What did Mustill say to show his concern with adjudicating Bland?

'proper subject for legal adjudication'?

42

R v Navabi

insufficient funds not theft because purely contractual right for bank to pay

42

Carter v Richardson on MR

A must realise D will commit with necessary MR

43

What did Ashworth suggest about 2nd degree murder under Law Com proposals?

May need a new label or juries may be way to convict under it

43

R v Asmelash

'General' in s.54(3) only applies to permanent disorder; can't consider voluntary intoxication

43

Who in Hasan was concerned about battered women under duress by threats?

Hale

43

R v Hall

Travel agent

43

R v Yemoh

Manslaughter instead of murder

44

R v Pommell

Firearm friend suicide

45

What case shows Brennan not being followed in DR?

R v Sutcliffe

47

Which case, according to Rogers, conflicts fundamentally with Kennedy?

Evans

48

R v Hinks on s.2 dishonesty

Dolphin may still have consented to Hinks taking

49

Why was there no duty to continue treatment in Re B?

He rejected it

49

What was direction on intent at time of abandonment only sufficient for in R v Vinall?

Theft, not robbery

50

R v T

Rape and robbery; PTSD

51

R v Kohn

Steal whilst not in overdraft, but not when in it

52

Which case showed the courts rejecting voluntary intoxication and then deciding on a clan acquittal, despite liability for insanity?

R v Harris

52

R v Calhaem

C hired hitman, hammer

53

R v Dix

Reputable medical evidence

54

R v Dietschemann

Drunk, elderly aunt

56

What did the court reject in Bland as a possible route?

Expanding Re F

57

Why did the court reject expanding Re F in Bland?

He had no best interests of any kind

58

What section of what statute governs for self defence?

S.73 Criminal Justice and Immigration Act 2008

58

R v Bainbridge on MR

Can be liable if oxygen equipment used to steal but unlikely for assault as not in contemplation

59

A-G of Jersey v Holley

Depression; provocation. No mental disorder should be considered.

60

In what act can the two partial defences to murder be found?

Coroners and Justice Act 2003

60

R v Briggs

Elderly relatives moving close

62

What case shows that if you create a dangerous situation you may have a duty to V?

R v Evans

62

R v Bailey

Nickel loan; looked at Ghosh too soon when agreement in law

62

R v Hinks

Short sliver of time to give contemporaneity

62

R v Bainbridge

Oxygen equipment for safes

63

R v Bryce

Caravan; aiding by bringing him into company

65

Why was it decided that they could turn off the machine in Bland?

No hope, best interests have gone so no duty to keep him alive

66

Why was Hardie not a case of intoxication?

Didn't realise he would become intoxicated

66

R v Clarkson on MR for accessories

Requires intent that presence assists

67

A-G Ref (No.3 of 2004)

Mobster, shot in air, fundamentally different

68

What should the trial judge not have said in Woollin?

'substantial risk' because blurs line between MS and murder

69

R v Adomako

Eye anaesthetist; oxygen

71

What was the UA in Meeking?

Road Traffic Act

72

R v Shayler

MI5 plots

73

What do the cases of Tuck v Robson and R v Webster show D has a duty to do in order to avoid aiding and abetting?

Stop a crime if they have the power

74

What is the moral equivalent thesis of 1st degree murder under Law Com proposals?

Awareness of significant risk is equal to intending, so both are applicable.

74

What was decided in R v Velumyl under s.6?

Needs to pay back the exact money he took to not be guilty

75

What case shows you can rely on intoxication as a way to prove lack of MR?

R v Lipman

76

What is the direction in Golds on effect of abnormality?

Must be more than 'trivial or minimal'

76

What does Clinton say about infidelity for loss of control?

If it was the only cause , no defence , but usually a range

76

R v Hardie

Valium, fire

78

What case shows that D needs to directly intend the outcome to have direct intention; i.e. not just appear to be helping?

R v Steane

78

What does Rogers say about necessity and P?

Necessity challenges the supremacy of P

79

R v Saunders and Archer

Poison apple for wife but son

80

What section does R v Gilks fall under?

S.5: obtained property by mistake and duty to restore

80

R v Bryce on MR of accessories

Didn't need to know P would go through with it, just a real possibility

81

R v Hatton

Sledgehammer, martial arts

83

Who said the degree of foresight is high enough to be sufficiently close to culpability associated with murder?

Rogers

85

R v Cheshire on causing the death?

Only need logical link, regardless of intervention

86

R v Oye

Devil constables

87

In what case were the points in C v DPP so important as to mean no defence of necessity was given?

R v Nicklinson

87

Ratio in Calhaem?

Not necessary to show counselling was a substantial cause of offence

88

What case shows breach must create an obvious risk of death to the reasonable person?

R v Misra

88

R v Codere

Knew it was unlawful

88

R v Rahman on accessory and acting outside common purpose

Rodger considers if P and D want to kill A, but P kills BDEF, D only liable for A

90

R v Lowe

Neglect

90

Why was the case of Quick automatism?

Caused not by disease (insanity) but by insulin (automatism)

91

Re A

Surgical separation

92

What is an additional defence under duress by circumstance?

S.31 Immigration and Asylum Act 1999

92

R v Wood

Abandoned; honest unreasonable belief owner was gone

93

R v Pitham and Mehl

Trying to sell furniture; guilty of assumption

94

R v Tyrrell

Underage sex; can't convict V because protected

95

Oxford v Moss

Exam paper

96

R v Gomez on consent in s.3

It is irrelevant for indefeasible or voidable title

96

Edwards v Ddin

Petrol in car; no MR at time of appropriation

98

R v Dowds

Drunk and wife

99

R v Morris

Switched labels

101

Who highlights that 1st degree murder under the Law Commission's Recommendations for Homicide Law Reform confirms to 'moral equivalence thesis'?

Ashworth

103

What case shows uncertain scope of GNMS does not violate Art.7 ECHR?

Misra

103

What case throws doubt on R v T?

Coley

104

What case did allow duress by threats as a defence but would now come under complicity rules?

R v Lynch

104

R v Kingston

Paedophile drug

105

R v Nedrick

Lighted petrol; subjective intention/virtual certainty

105

R v Woollin

Throw baby

107

What did they never find in Beckford v R?

A gun

109

Who said that Bland leaves the law in a 'morally and intellectually misshapen' state?

Mustill

109

R v Rahman

Three stab wounds; only need to foresee necessary MR, not exact MR

110

R v Gianetto

Enough to encourage for aid and abet

112

R v Brown

Adjustment disorder

113

What Article is activated by the NGRI verdict?

Article 5 ECHR

114

R v Gnango on JE

Crown Court was wrong; needs to be a distinct Crime A and Crime B

115

R v Dawson

Petrol station

116

R v Thabo Meli

Beat up, cliff

117

What did R v Mendez note about the FD rule and guidance?

The FD rule is unclear, leading to confusing guidance set out in paragraph 14

118

R v Ghosh

Surgeon, consultancy fees

119

R v Hasan on Hudson and Taylor

Wrongly decided

120

What was the ratio in Thabo Meli?

You can find causation through a sequence of acts; not necessarily all together

122

What two cases show V must be aware if D is to be convicted of GNMS for undertaking responsibility?

R v Evans; R v Sinclair, Johnson and Smith

123

R v Brennan

All experts agreed

125

Why does Majewski not apply to murder?

Majewski is only for basic intent offences

125

What is Calhaem an example of ?

Counselling

126

R v JM and SM

Bouncers; case left to jury

127

R v Turner (No.2)

Service station

128

R v Meeking

Motorway handbrake

129

Corcoran v Whent

Ate food then planned to run off - already appropriated

130

Re B

Paralysed

131

R v Bronson

Police hostage

133

What does s.8 CJA say about direct intention for murder?

You cannot infer it from natural/foreseeable consequences

134

What case conflicts with A-G Ref (No.1 of 1983) on s.3?

R v Gresham

135

What type of defence is necessity?

Utilitarian

137

Sharman v HM Coroner for Inner North London & Another

Coffee table leg

138

What is the one requirement of the defendant in duress by circumstance in terms of a positive duty?

Seek police protection if possible

139

What are the two key phrases Coke gave for his definition of murder?

'Malice aforethought' and 'man of sound memory'

140

R v Webster on AR

Drink driving friend accomplice by not stopping him

142

What section of CJIA does Hatton fall under?

S.76(5)

143

R v Gamble

Kneecapping; knife to slit

145

R v Church

Mock sexually

146

R v Wacker

Illegal immigrant

147

What was Edmund Davies LJ's direction for 'dangerous' in UAMS?

'such as all sober and reasonable people would' perceive the risk of at least 'some harm'

148

A-G Ref (No.1 of 1975)

Laced friend's drink; driver

150

What two cases show intoxication cannot lead to a partial defence for murder (without a recognised mental condition for DR, e.g. Dietschemann)?

R v Asmelash (loss of control) and R v Dowds

151

What three cases show murder throw omission?

R v Matthews and Alleyne; Re B; Airedale NHS Trust v Bland

152

R v Khan

If condition was 'significant' is left to the jury

154

R v Bowen

Cannot consider anything for duress by threats that makes D more vulnerable outside of age/gender

155

R v Clarke

Shoplifting

155

R v Feely

Manager in betting shop; intention to repay irrelevant

157

R v Scarlett

Drunken customer

158

What two cases show that D's actions must be seen to reasonably relate to their objective in duress by circumstance?

Shayler and Bronson

160

R v Golds

Sever psychosis

161

R v Bryce on MR

Final word: knowledge is enough for assisting/encouraging

162

A-G Ref (No.1 of 1983)

Policewoman overpaid

163

What are Kington and A-G Ref (No. 1 of 1975) examples of?

Procuring

164

R v Church on causing the death?

Need only have the different elements at some point during the event

165

What abnormality was found in Brown to fit under DR?

Adjustment disorder

166

Who gave two ways an act can be involuntary; by its nature (flight) and by V's characteristics (R v Blaue)?

T Jones

167

R v Singh

Carbon monoxide; manager of flats

168

What was decided in Briggs?

Deceptions are not covered in the Theft Act

169

what is the modern definition of murder?

An act or omission causing the death of a human under the Queen's peace, done with an intent to kill or seriously harm any human being

170

Why is it unlikely duress by circumstances will allow defence for murder?

Modelled off duress by threats

171

Lawrence v MPC

Overcharged student; regardless of consent to appropriation

172

Why was Lipman not automatism?

Voluntary intoxication

173

What does s.73 SOA seem to acknowledge?

Doctors would be liable for accessory after Bryce

174

R v Valderrama-Vega

'But for' cause, so motivated by threat to release homosexual activities and money, but mostly personal violence

176

Attorney-General's Reference (No.3 of 1994)

independent existence from mother needed

178

When is the only time intoxication is a defence?

When no MR as a result

180

why was the defence of intoxication not allowed in Kingston?

He knew what he was doing was wrong so still had MR

181

Re A

Conjoined twins

182

R v Hudson and Taylor

Consider D's position for reasonable reaction

183

What case gives a 'but for' cause for duress by threats?

R v Valderrama-Vega

183

R v Quayle and others

Cannabis pain

185

What three types of duty of care are there under GNMS?

Special relationship/created dangerous situation/undertook responsibility

186

What case shows reputable medical evidence is needed for DR?

Dix

187

Why was R v Hall not guilty under s.5?

Breached contract but no obligation to deal with specific money in a certain way

188

R v Bristow

JE; deserted farm

189

Name at least two cases which have found a disease of the mind to comply with insanity against modern perception?

R v Kemp (restricted), Sullivan (epilepsy), Hennessy (hyperglycaemia) or Burgess (sleepwalking)

190

What does the case of Safi show about duress by circumstance?

D needs to reasonably believe he had to do what he did to escape

191

What kind of intent was found in Re A, requiring a defence?

Oblique/indirect

192

What should the court have said in Oye?

Insane delusions are not mistaken beliefs

194

What does the case of Dowds say about DR?

If you're drunk, no DR defence

196

What happened in R v Dawes in regard to the judgment?

Decided that he didn't attack with intention of providing defence, but couldn't prove loss of control anyway

197

What Act gives the minimum periods for murder?

Criminal Justice Act 2003

197

who believes that it is wrong to damn intoxication as a wrong in itself purely due to its risky nature?

Simester, Intoxication is never a defence.

199

DPP v Camplin

Chapatti

200

How does Rogers suggest any breach of Art.7 could be avoided under liability for death arising from drug misuse?

List of examples of relationships leading to duty of care

200

What does Camplin say about s.54(3) of CJA for loss of control?

Reasonable person must be of same age and gender

201

Name at least three cases on the fundamental difference rule

R v Powell and English; A-G Ref (No.3 of 2004); R v Gamble; R v Rehman

202

Why could R v Coley not rely on automatism?

Voluntary intoxication through cannabis (external factor)

203

What is the test for dishonesty in Ghosh?

'according to the ordinary standards of reasonable and honest people what was done was dishonest' and D realised it was dishonest

204

What does Lawrence v MPC show about s.3?

Regardless of consent to appropriation

206

Why did Kay v Butterworth not fall under automatism?

Realised she was drowsy

207

R v Matthews and Alleyne

River

208

What does Gillick clash with on MR for accessories?

DPP for NI v Lynch; National Coal Board v Gamble

210

Which case created defence of duress by circumstance?

R v Conway

210

R v Windle

Only means legally wrong, not morally; spoke about hanging for giving suicidal wife an overdose.

211

What does Rogers advocate for private defence?

For it to be extended

213

R v Sullivan

Epilepsy

214

R v Watson

Burglary

215

What case shows duress by threats is never a defence to attempted murder?

R v Gotts

216

DPP v Newbury

Paving slab

217

Who argues for a 'quasi-causal relation... of controlling influence' when D causes V's suicide through abuse?

Horder and McGowan

219

Why should the trial judge not have referred to 'substantial risk' in Woollin?

blurs line between murder and MS

220

What are two partial defences to murder?

Loss of control and diminished responsibility

221

What is R v Yemoh authority for?

D is liable for the lesser offence he did anticipate

222

R v Gresham

Partner died but repayments; need to actually touch money

224

R v Lipman

LSD; Snake

225

Why could Bailey not rely on automatism?

He allowed himself to get into the state he did.

225

R v Powell and English

Drug trade (P knew knife) and policeman (E didn't know knife)

226

R v Gomez

Defunct cheque; voidable title but still theft

227

What two cases show D undertaking a responsibility through their job for GNMS?

R v Singh; R v Pittwood

228

R v Quick

Hypoglycaemia; patient assaulted.

229

What are the two main cases on indirect intention?

R v Nedrick; R v Woollin

231

What are the requirements for automatism?

Complete loss of control without D's knowledge

232

R v Mendez

House party; knife unknown but knew wood

234

A-G Ref (No 1 of 1983)

Policewoman overpaid; sufficient to keep in bank

236

Who said that Nedrick;Woollin may have widened intention too much, forcing Re A to find a defence?

Rogers

237

R v Beccera

Left through window; need more overt at scene of crime?

239

Why was Clarke not considered a case of insanity?

absentmindedness is not insanity.

241

R v Dudley and Stephens

Sailors; hierarchical

241

R v Kemp

Restricted blood; beat son

242

DPP for NI v Maxwell

IRA terrorists

243

R v Gnango

Bandana man

244

R v Smith & Others

Robbery of heroin dealer

246

'Like a brother' in GNMS?

R v Johnson, Sinclair and Smith

248

What academic argues for two possible reforms to involuntary manslaughter; 'Good Samaritan' or liability for death arising from drug misuse?

J Rogers

250

What two cases outline a test for dishonesty when not covered in s.2?

Feely and Ghosh

251

R v Graham

Reasonable person for duress by threats

252

What was the ration in Bristow?

For JE dangerousness is considered at the outset

254

What did the case of Pommell show about duress by circumstance?

Not limited to driving offences

255

What two cases regretted the decision in R v Cunningham?

R v Rahman and A-G Reference (No.3 of 1994)

256

Why is it debatable if omission in Dobinson amounted to causing death?

V may not have ben sectioned anyway

258

Why does Keown argue Bland has confused the law?

Prohibits active but allows passive killing.

259

R v Harris

Reckless arson

260

What are the three mental condition defences?

Intoxication, insanity and automatism

261

R v Bourne

Wife and dog

262

What are the two types of involuntary manslaughter?

Gross negligence and unlawful act

264

R v Lipman

LSD

265

What two cases show UAMS 'dangerous' test is objective?

DPP v Newbury; Church

266

What two cases show it is not a duress by circumstance unless the threat is only a one-off?

R v Quayle and London Borough of Southwark v Williams

267

What five points were not discussed in Re A but should have been?

Lord Lowry's five points from C v DPP (special defence for 10 - 14?)

268

R v Marshall on s.6?

Exposed LU to risk of permanently losing tickets

270

London Borough of Southwark v Williams

Homeless trespass

271

What are the three defences to being an accessory?

P acts outside common purpose, A withdraws effectively and A is a protected victim

272

Which case shows that when all experts agree on significant cause, the case should not go to trial?

R v Brennan

274

R v Hennessy

Hyperglycaemia without intoxication (hasn't taken anything) not automatism.

275

R v Grundy

Information to burglar 2 weeks before

277

R v Carey et al

Punch/chase

278

R v Steane

German broadcast

279

R v Lloyd

Cinema projections

280

R v Hinks on s.3

Small sliver of time to appropriate

281

R v Majewski

Intoxication not to deny MR for basic intent

282

How was Re A distinguished from Dudley?

Not playing God, marked for death, not clearly against morality, indirect as opposed to direct intent

284

To what Article does Rogers refer to show lethal force is permitted to defend from unlawful violence?

Article 2(2)(a) ECHR

285

In what case did D plead guilty to avoid the insanity defence?

R v Sullivan (epilepsy)

286

What case shows the need for evidence of a close relationship under GNMS?

R v Evans

287

R v Dao

Cultivating cannabis

288

What was the UA in Scarlett?

Battery

289

Anorexia in GNMS?

R v Dobinson

291

R v Dadson

Felon

292

What does Oxford v Moss show about s.4?

Property does not include trade secrets/confidential info

293

DPP v K and B

Girl, bullies, boy

294

Gillick on MR for accessories

Intent not to encourage so no MR

295

R v Le Bron

Dragging

296

What case is the most important for proving causation under murder?

R v Thabo Meli

297

R (Ricketts) v Basildon Magistrates' Court

Charity shop - Oxfam and BHF

299

What right was appropriated in Morris?

Right to decide price

300

Kay v Butterworth

Sleeping soldiers

301

What does Mendez suggest about the fundamental difference rule?

It might be about whether the object is fundamentally more likely to kill

303

R v Dawes

Man with wife

305

R v Byrne

DR not same as insanity

306

What elements are needed for GNMS?

D owed a duty of care not to harm/to assist V, D did or failed to do something in breach, breach created obvious risk of death, breach caused V's death and D's negligence was so gross as to merit criminal culpability

307

R v Gilks

Horse bet, lost but won

308

R v Marshall

Ticket tout

309

R v Conway

Created defence of duress by circumstances; dangerous driving getaway

310

What was said about the precise level of certainty in Nedrick?

'little short of overwhelming'

311

What section is loss of control under in CJA?

S.54/55

312

Who suggests we should do away with indirect intention for murder?

Rogers

313

Who said it is criminal homicide to create a situation so cruel that death is preferable?

Jerome Hall

314

Who argues that necessity should never be used unless there is no other defence?

Rogers, "Necessity, Private Defence and the Killing of Mary"

315

R v Cogan and Leak

Roleplay

316

What was the defence found in Re A?

Defence of necessity

317

Mitchell v King

Must be an overt withdrawal from participation

319

R v Maloney

Son father, drunk.

320

R v Millward

Defective tractor and public highway

321

R v Brady

Pub fall

322

Gillick v West Norfolk Health Authority on aiding and abetting

would aid boyfriend so AR present

323

What case shows simple negligence is not sufficient for criminal law?

R v Adomako

325

Ratio in Le Bron?

Likely that intention for UA needs to be linked to cause; if intention in taking her into the house was to say sorry, not liable, but if to get her off the street then yes

326

What was the guidance given in R v Woollin?

'Virtually certain and not entitled to infer intention'

327

What does R v Smith & Others show about s.4?

Property includes unlawful possession

328

What case shows there is no light assumption of abandonment?

R (Ricketts) v Basildon Magistrates' Court

329

What is the AR for murder?

Anything CAUSING death

330

R v Clinton

Infidelity

331

R v Coley

Video games

332

Airedale NHS Trust v Bland

Hillsborough PVS

333

What two cases suggest reckless manslaughter no longer exists?

R v Adomako; R v Lidar

334

What is the principal case for insanity in giving a definition?

M'Naghten's Case from 1843

335

How does Jones' conclusion and Rogers' conclusion differ on involuntary manslaughter?

Rogers thinks only when supply is for gain; Jone doesn't mention

336

what are the requirements of Article 5?

Right to liberty and security from arbitrary detainment.

337

What case shows you can only give reasonable person in duress by threats same age and gender as D?

R v Bowen

338

What is the ratio in R v Dadson?

Cannot rely on self-defence if you didn't not know you could have acted in self-defence prior to acting

339

Who agrees with Rogers that there should be offence for causing death by supply?

T Jones

340

What were the three routes the court considered in Re A?

Family law, criminal law and private defence

341

What did the appellant in Beckford allege?

That he had been shot at, so he fired back

342

R v Webster on MR of accessories

Needs to think it likely, then omission once he realises his friend is drunk