Flashcards in Criminal Law Second Term - THEFT EXTRA Deck (38):
R v Feely test for dishonesty
'ordinary, decent people'
What is s.2(1)(a) based on under old law?
Colour of right defence
what is s.2(1)(c) based on under old law?
What is a huge disadvantage of the Ghosh test?
Means D can get off by saying 'but I thought everyone did it'
What did MPs try to claim under the Ghosh test?
'Office culture' of lying on expenses form
What shows the popularity of the Ghosh test among judges?
Element of common law offence of conspiracy to defraud due to popularity with judges despite issues
What is the legal principle that Ghosh undermines?
Article 6 ECHR and RoL
In what two cases was the joint enterprise and fundamental difference rule so confusing that written guidance and flow charts were needed?
Fury and Badza
What did Simester and Sullivan argue about JE's relationship with aiding, abetting and counselling?
Completely not connected - JE requires a common purpose, requiring D to foresee rather than just encourage/help Crime B
Michael Moore on derivative liability?
Fundamentally at odds with the idea that criminal liability is based on personal responsibility
Why would subjectivists object to complicity?
Relies on moral luck - D should be liable for what they have planned to help, regardless of what P does
What case did Powell and English overrule?
R v Chang Wing-Siu
How did Powell and English overrule Chang Wing-Siu?
Said that there is a JE regardless of if the action is authorised or not
When does the fundamental difference rule not apply (due to D's acts)?
If D sees the new weapon and continues (R v Uddin)
R v Uddin
Cannot use fundamental difference rule if D sees the new weapon and continues
Who do S&S think would have supported abolition of insanity?
Why would Szasz perhaps have supported the abolition of insanity?
Termed mental illness a convenient myth exploited by the 'ill'
What did Norval Morris say of insanity?
If mental condition precludes MR, unqualified acquittal; if dangerous, then civil commitment (Mental Health Act and if MR, then convict and take disorder into account afterwards
Who suggests an alternative to insanity defence?
Norval Morris - making use of civil commitment
Under what Act do medical witnesses support disease of mind for insanity?
Criminal Procedures (Insanity and Unfit to P...) Act
What is the evidence under the CP(I and UtP)A for insanity?
From medical witnesses on LEGAL guidelines for insanity
What did Sutherland and Gearty highlight about Article 5 ECHR about insanity?
Evidence under the CP(I and UtP)A is not sufficient for 'objective medical expertise' as they follow legal, not medical, guidelines
Who showed insanity defence does not always match Article 5 ECHR?
Sutherland and Gearty
Why is the burden of proof on the defendant for DR and insanity?
Presumption of sanity
What case under DR confirmed that ICD 10 and DSM are not conclusive for DR recognised medical condition?
R v Dowds
Under what law was Dietschemann decided?
Old law of diminished responsibility
What would Dietschemann now need to decide under new law of DR?
That grief was a causal factor
What did the Law Com No.304 suggest about DR?
Provision for developmental immaturity of D
Why did the government reject the suggestions in Law Com No.304?
Ministry of Justice thought that conditions like autism etc were covered already under recognised mental condition
What section did Law Com No.304 recommend on?
Under what Schedule of the CJA are the minimum periods for murder covered?
Why couldn't UAMS be used in R v Dobinson?
Neglect (R v Lowe)
Who argued that preoccupation should not defeat recklessness unless recklessness is inappropriate anyway?
Williams (bike idea)
What did Gardner argue about imminence and threats for assault, agreeing with Horder?
They are unnecessary requirements to the essential wrong of causing harm
What two academics argued that the imminence requirement of assault is unnecessary?
Gardner and Horder
How has Ashworth's criticism in 'Criminal Liability in a Medical Context' partly been implemented?
Said doctors should have a defence as socially justified (e.g. contraception to under 16s) - now in s.73 SOA
What kind of question is the issue of whether D failed or did something in breach of his duty under GNMS?
Factual - left to the jury