Criminal Law Second Term Flashcards
(342 cards)
1
Q
DPP for NI v Lynch on MR
A
No intent needed, just knowldge
2
Q
R v Hasan
A
Prostitute’s boyfriend
2
Q
For s.6, does R v Wood have the necessary MR?
A
He thought it abandoned so no
3
Q
R v Mitchell
A
Post office; transferred malice of dangerous act
3
Q
R v Kingston
A
Intoxicated paedo
4
Q
What case shows that it is irrelevant if V was happy for duty to be neglected?
A
R v Wacker
4
Q
Why was a defence necessary in Re A?
A
Because of indirect intention
4
Q
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?
A
Modal Penal Code
4
Q
R v Powell and English on fundamental difference
A
HoL found tenable argument that should have gone to the jury if wood is fundamentally different to a knife
5
Q
What did Matthews and Alleyne highlight about indirect intention?
A
Jury must be told about discretion under Woollin
5
Q
What are the two partial defences to murder?
A
Diminished responsibility and loss of control
6
Q
R v Vinall
A
Bicycles at bus stop
7
Q
What does the case of Diestchemann tell us about the causation of an abnormality?
A
Need not be the only reason, just substantial
8
Q
When does Majewski not apply to basic intent (Brady)?
A
When D would have done the same sober
8
Q
What is the basic definition of theft?
A
Dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
8
Q
R v Velumyl
A
Company director
9
Q
Why do Horder and McGowan prefer GNMS to UAMS?
A
Not limited specific non-fatal offence against V
9
Q
Who argues that there should be a margin of sympathy for doctors under indirect intent?
A
Ashworth, “Criminal Liability in a Medical Context”
9
Q
What section of Theft Act provides a get out, usually when it’s a gift?
A
S.3(2)
10
Q
What is the only difference between s.18 and murder?
A
Chance outcome of death
10
Q
R v Mitchell on s.6?
A
Court distinguished between hiding and leaving the object in an obvious place
11
Q
R v Sutcliffe
A
Experts concluded together but still convicted
12
Q
Who argued for an exclusionary effect of the insanity defence?
A
Child and Sullivan, “When does the Insanity Defence Apply?”
13
Q
What case outlines the definition of a ‘human being’?
A
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
