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84 Cards in this Set
- Front
- Back
Elliot v C(1983)
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Individual Autonomy (mentally handicapped girl burnt shed down = Arson)
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Smith (John)((1960)
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Bribing town major. Need both actus reus and mens reus
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Fagan v metropolitan police commissioner
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Continuing acts
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Thabo v Meli
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Compex single transaction - Rolled V off cliff in belief already dead
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Airedale NHS trust v Bland
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Hillsborough victim - In V's best interests no to be kept alive. Ommisions
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Sinclair v James
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Pair inject themselves. V OD's. D does not get help,but did not have to as no duty of care owed
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Pittwood (1902)
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Gatekeep left gate open. Contractual duty
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Miller (1983)
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Vagrant caused his fire, thus he was under a duty to try and prevent it - had to act
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Kaitamaki
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D had intercourse with V, but continued even when he realised no consent
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The 'But for' test
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Factual Causation
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Dolloway (1847)
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D let go of reins, child ran in front of cart and died
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White (1910)
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V died of heart attack before cyanide killed her. D still guilty
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Cato (1976)
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Both injected each other, one died. De minimis principle (too trivial)
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Pagett
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Took gf hostage. Gf killed when police returned fire. Break CoC? NO
Voluntariness principle |
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Rafferty (2007)
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Chain of causation broken (ben bellamy case)
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Environmental Agency v Empress Car Co (abertillery)(1999)
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Vandals released diesel from unlocked tank. D liable
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Roberts (1971)
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D made sexual advances. V jumped out of car. Held it was a foreseeable consequences of D's actions
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Dear (1996)
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D slashed V. Died two days later with suicide note, but was from those wounds. Liable
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Smith (1959)
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V stabbed, doctor misdiagnosed and increased risk of death if anything. Held did not break CoC
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Jordan (1956)
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D died few days after incident from pneumonia due to malpractice. Held DID break CoC
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Hayward (1908)
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Take the victim as you find them (thin skull principle)
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Bleue(1975)
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J.W., so refused blood transfusion and died. Did not break CoC
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Direct Intention
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Choosing to bring about a result for its own sake/for a means to something else
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Oblique Intention
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Foresight of a virtually certain consequence
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The Woolin Direction
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Was there a direct intention? Was death a virtual certainty? RISK
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Cunningham (1957)
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Test for recklessness (pulled gas meter off wall)
1.Intention to do the kind of harm that was in fact done OR 2. Recklessness as to whether that kind of harm was in fact done |
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Stephenson(1979)
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Schizophrenic. Could not foresee consequences of actions. Burnt barn down
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S.1(1) Murder (Abolition of the Death Penalty) Act 1965
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Murder. Requires intention to cause death/GBH
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S.3 Homicide Act 1957
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Provocation
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Ibrams v Gregory (1981)
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Planned to teach bully lesson, but he inadvertently died. Liable
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Cocker (1989)
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Killed terminal wife after she asked him to. No provocation
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Ahluwalia (1992)
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Battered wife syndrome. Courts held that they could look at entire course of conduct
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Humphreys(1995)
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Immature girl. Killed V after he taunts her. Held that they could look at entire course of conduct, reasonable man test and gravity of provocation
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Camplin(1978)
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Chapati pan. Age could be taken into account
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AG for Jersey v Holley (2005)
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Age/gender only factors to be taken into account
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Lamb (1967)
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Shot friend accident. Courts look to see whether a reasonable person would recognise the risk
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Dawson (1985)
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Vulnerable petrol attendant dies after robbery. Not guilty of MS
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Watson (1989)
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87 year old burgled and physically abused. Later dies from heart attack. Guilty MS
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Adamoko(1995)
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Fails to notice detached oxygen tube. Gross negligence MS. Owed DoC/Breached DoC/Breach caused death/Breach so serious as to amount to gross negligence (a crime)
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Evans (Gemma)(2009)
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Swansea girl. OD'd under half-sister's and mother's care
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Wacker (2002)
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Immigrants in lorry suffocate.
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Willoughby (2004)
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V&D burn down pub for insurance. V dies in ensuing explosion.
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Lewis (1970)
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Technical assault. Thought husband was going to break in and assault her, so jumped 3 floors
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Thomas(1985)
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Caretaker touched 11yo girl's skirt. Battery
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Fagan v met. police commr.
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Used car as medium
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DPP v Smith (2006)
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Cutting off pony tail amount to ABH
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C v Eisenhower
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Wounding - If continuity of skin is broken
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Clarenc (1888)
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Doesn't tell wife he has gonorrhoea. Deception as to the act
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Dica (2004)
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Biological GBH
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Williams (1923)
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Choirmaster deceives student as to nature of act
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Jheeta (2007)
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Abusive messages encouraging more sex. Not liable
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Collins (1973)
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Thought man on window was bf, so pulled him in and had consent (not liable)
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A-G's reference (no.2 of 1992)
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Driving without awareness. Lialbe. Must have a TOTAL destruction of voluntary control
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Quick(1973)
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Diabetic forgets to eat and assaults patient
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Stripp(1978)
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Drunk catches bus, then ends up driving it after concussion. Liable
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Wood(Clive)(2008)
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Alcoholic kills V with meat cleaver. Drink cannot be taken into account
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Bailey(1983)
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Failed to eat after insulin shot. Need to show recklessness on D's part
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Allen(1988)
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Unknown high potency wine. No excuse
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Morris (1984)
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Theft. Prices on goods swapped
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Skivington (1968)
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Cannot steal own wages
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Dawson(1976)
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Merely pushing a man to get wallet was enough for robbery
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Hale(1978)
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Tie victim up after theft. Still robbery
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Ryan(1996)
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Robber got stuck in window. Held to be substantive and effective entering of building.
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Norfolk Constabulary v Seeking and Gould
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Hooked up lorry trailers not buildings
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Jones v Smith
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Entry in excess of permission
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MPC v Charles
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Pays at casino using unauthorised chequebook.
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A (a juvenile) v R (1978)
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Spat on policeman's raincoat. Not substantial enough to amount to damage.
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Hardman v Chief Constable of Avon and Somerset
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Water soluble paints on pavement = criminal damage as council had to pay to remove
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Morphitis v Salmon
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Scratched scaffolding bar. Usefulness had not been effected, so no CD.
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Conway(1988)
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Tonna thought police were atackers
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Hudson v taylor
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Duress by threats allowed, even though had opportunity to seek police protection
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Hussein (1999)
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Hijacked plane for asylum
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Duress by threats
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Available as a general defence, except murder/accessory to murder/attempted murder
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Kitson (1955)
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Necessity. Jumped into rolling car
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Hasan (2005)
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Voluntary exposure to threats. Prostitution racket
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Dudley v Stephens (1881-5)
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Necessity - Eat boy on boat
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Re A (conjoined twins)(2000)
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Mary and Jodie twins. One needs to die to save other
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Martin(Anthony)(2002)
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Duress of circumstances - farmer shot burglers
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Clegg (1995)
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Use of excessive force - shot driver after car had passed. No duress of circumstances
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Oxford v Moss (1979)
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Information can not be stolen
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Ghosh
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Test for dishonesty
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Lloyd(1985)
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Took home cinema reels to copy, then return - no theft
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Corcoran v Anderton
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Robbery complete as soon as handbag was touched
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Caldwell (1982)
R v G and another (2003) |
Would a person in D's position foresee the risk? Cunningham reinstated in 2003.
Two boys burn bins |