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29 Cards in this Set
- Front
- Back
Chrastny
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Husband and wife cannot conspire together unless they are also conspiring with others.
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Walker
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Conspiracy: agreement
Must have gone beyond mere negotiation |
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Anderson
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Conspiracy: mens rea
Mens rea established if "the defendant intended to play a part in the agreed course of conduct" NB: not followed (McPhillps, Edwards, Ashton), which all said the intention must be to carry out the plan |
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Gullefer
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Criminal attempts
"it begins when the merely preparatory acts come to an end and the defendant embarks upon the crime proper. When that is will depend ... upon the facts in any particular case" |
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Whybrow
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Criminal attempt
For murder, you must intent to kill |
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Campbell
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NOT more than merely preparatory
In crash helmet, gloves, had imitation gun and a threatening note, but had NOT actually gone into the post office he was arrested outside of |
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Geddes
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NOT more than merely preparatory
Entered boys toilet with large knife, some rope, and masking tape. Didn't do anything though despite opportunity. |
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Jones
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MORE than merely preparatory
Obtaining, shortening and loading gun, putting on disguise, going to school = preparatory Getting into gar, pointing gun at victim = up to jury to decide if more than preparatory |
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Tostii
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MORE than merely preparatory
Defendant had driven to farm, hid oxygen cutting equipment, and was examining the lock on the door to decide how to break in |
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R v Kingston
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Involuntary intoxication: defendant mislead as to what they are taking
Defence is available if, without intoxication, Mens Rea would not have formed but "drunken intent is still intent" |
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Majewski
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Courts view is that consumption of alcohol is a "reckless course of conduct" and therefore that is enough to establish a reckless mens rea & therefore meets the requirements of a basic intent mens rea
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Murder: specific or basic?
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specific
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Theft: specific or basic?
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specific
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Robbery:: specific or basic?
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specific
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section9(1)(a) burglary: specific or basic?
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specific
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rape & sexual touching: specific or basic?
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basic
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Mistake due to voluntary intoxication
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if the defendant's mistaken belief was due to his voluntary intoxication, he will not be able to relief on that belief
R v O'Grady, R v O'Conner |
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R v Graham
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Test for duress. Jury should consider:
1) Whether or not the defendant was compelled to act as he did because, on the basis of the circumstances as he honestly believed them to be, he thought his life was in immediate danger. (Subjective test) 2) Would a sober person of reasonable firmness sharing the defendant's characteristics have responded in the same way to the threats? (Objective test) The jury should be directed to disregard any evidence of the defendant's intoxicated state when assessing whether he acted under duress, although he may be permitted to raise intoxication as a separate defence in its own right. |
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R v Abbot
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Duress & proportionality
the greater the crime forced to commit, the greater the threat must be to excuse it |
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R v Cole
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Duress
must be a nexus between the threat and the offence |
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Abdul-Hussain
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Evasive action (duress)
Courts have been prepared to look at circumstances the defendant found himself in in cases where there has been a delay between the threat and the crime Hijacked a plan to escape returning to Iraq, where they would have been tortured and executed |
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R v Sharp
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Duress: gang membership
Can't use duress if you voluntarily join a criminal organisation which you know might put pressure on you to commit an offence |
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R v Shepherd
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Duress: gang membership
If you join a gang that you would not expect to commit a certain type of crime (e.g. very violent) the defence of duress might be available |
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R v Hasan (criminal association)
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"the defence of duress is excluded when as a result of the accused's voluntary association with others engaged in criminal activity he foresaw or ought reasonably to have foreseen the risk of being subjected to any compulsion by threats of violence"
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Beckford
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Making the first move can still be self-defence
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Test for self defence
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1) Was it necessary to use force (R v Oatridge)
2) was the level of force used reasonable? (R v Owino, R v Shannon) |
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R v Williams
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Defendant may take the facts as he believed them to be when determining whether he felt force was necessary
This is so even if the defendant's mistake was unreasonable |
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Browne v U.S.
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"detached reflection cannot be demanded in the presence of an uplifted knife"
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R v Palmer
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If a jury thought that in a moment of unexpected anguish a person had only done what he honestly and instinctively thought was necessary, that would be the most potent evidence that only reasonable defensive action had been taken
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