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45 Cards in this Set

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ACTUS REUS

bratty: voluntary conduct


larsonneur: voluntary state of affairs


deller: must prove AR


fagan: principle of contemporaneity


bland: doctors can stop treating, omission


re a: invasive procedure so cannot apply bland


miller: statute or common law must give duty to act for there to be omission liability

familial relationships

smith: parents owe children a duty, spouses owe each other a duty


gibbins and proctor: father had duty to help


sheppard: no duty to grown and competent children


evans: no duty for half sisters

assumed responsibility

gibbins and proctor: taking money for daughter


stone and dobinson: taking in anorexic girl

medical duty

bland: omission to treat will not be an offense if bolam test is satisfied

contractual duty

pittwood: train gates, omission affected anyone who was at risk

duty to counteract dangerous situation

miller: moves to another room



duty arising from public office

dytham: officer witnesses man being kicked

CAUSATION

white: but for


smith: legal, operating and substantial


dalloway: result must be attributable to a culpable act (horse reigns)


novus actus interveniens

act of a 3rd party --> michael: foster child




medical treatment --> jordan: at hospital wound had healed, gave wrong antibiotic, palpably wrong treatment will be NAI --> Smith: poor medical treatment will be NAI if so overwhelming as to make first cause a part of history

eggshell skull rule

hayward: take your victims as you find them

fight or flight

roberts: jumps out of moving car, d convicted


lewis: v's response must be an expected result of d's act


corbett: court should recognise in the heat of the moment V may not have a measured approach

MENS REA -- INTENTION

moloney: golden rule


cunliffe v goodman: a state of affairs where d does more than contemplate

direct intention

mohan: the decision to bring about a prohibited outcome

indirect intention

hyam: d must have foresight that outcome is high probability of his actions


moloney: was death or really serious injury a naturalconsequence of D’s actions and did D foresee that?


hancock: moloney doesnt consider probability


nedrick: jury can infer if virtual certainty


woollin: jury can find if virtual certainty


matthew and alleyne: court not yet reached definition

MENS REA -- TRANSFERRED MALICE

latimer: had no intention to hit V but had intention to hit someone


pembliton: intention for a different crimes cant be transferred


thabo meli: series of events that cannot be divided, intention to kill someone, V then dies from weather

MENS REA -- SUBJECTIVE RECKLESSNESS

cunningham: d must be aware of risk it must be unreasonable for him to take risk


stephenson: schizophrenic lights fire in haystack, did not see risk, could not be guilty



MENS REA -- OBJECTIVE RECKLESSNESS

caldwell: committing an act which creates an obvious risk where D gave no thought to risk or gave thought and took it anyway


elliot: 14 yr old with limited intelligence, sets carpet alight, risk had to be obvious to reasonable person so she was charged


coles: 15 yr old with limited intelligence, sets hay barn alight while playing


shimmen: lacuna because D did not see risk


r v g: a person acts recklessly if he is aware of risk and it is unreasonable to take risk in circumstances known to him

MENS REA -- MOTIVE

**not formally recognised




steane: helping germans was not motive despite it being virtually certain


gillick: aiding and abetting was not motive but was virtually certain

HOMICIDE -- MURDER

ar: unlawful killing of another under queens peace with malice aforethought


mr: intention to kill or cause gbh




law reform act 1996: death within 3 years




kerry young: double jeopardy



when does life begin

enoch: independent existence from mother


poulton: wholly expelled from mother and alice


reeves: umbilical chord need not be cut


ag's ref 3 1994: could be guilty of murder child if he had mr towards child

when does life end

malcherek: brain death

adams: hastening of death will be murder unless medicine is given for benefit and death is a known side effect


malice aforethought

vickers: intention to cause gbh sufficient for murder

loss of control -- old law

old law of provocation


ahluwalia: slow burn


thornton: battered women syndrome





loss of control -- s56 coroners and justice act

d must lose self control


dawes: serious anger does not suffice but reaction may be delayed




must be due to a qualifying trigger


dawes: break up is not sufficient for being seriously wronged


clinton: where d feels wronged is subjective but whether circumstances are grave enough is objective


inglis: d must show connection between loss of control and trigger




d's reaction must be reasonable S54(1)(c)


dawes: can consider cumulative provocation


asmelash: voluntary intoxication will cause no defence unless sober individual wouldve acted in same way

diminished responsibility -- s52

d is suffering from abnormality of mental functioning


abnormality arises from recognised medical condition


condition has substantially impaired list in s52(1)(1a)


brown robert: a substantial impairment will be less than total but more than minimal



diminished responsibility -- intoxication

tandy: for alcoholism to apply the craving must be strong enough to make drinking involuntary


stewart: for defence to apply it must be shown that despite alcohol it was the medical condition that impaired D

unlawful act manslaughter

ag's ref 3 1994: d committed an unlawful act, unlawful act was dangerous, caused death




franklin: unlawful act must be a crime


newbury: d need not know his act was unlawful


lamb: no intent to kill so couldnt be murder, no intent to cause gbh so couldnt be oap, neither thought revolver could shoot, no unlawful act




church: unlawful act is dangerous if all sober and reasonable people would recognise it subjects V to some risk of physical harm


watson: peculiarity of the victim will be relevant if it would have been evident to reasonable observer

gross negligence manslaughter

adomako: d owed duty of care (look at general principles of negligence), breached the duty, breach amounted to gross negligence


wacker: d smuggling immigrants, closed vent, tried to rely on rule in negligence that parties of criminal enterprise dont owe duty, rejected in criminal law


gray: police officers --> those they arrest


singh: landlords --> tenants


adomako: d with expert skills will be judged to standard of reasonable competent professional




bateman: gross negligence if d's conduct shows disregard to life and safety of others


ag's reg 2: d can be convicted with no evidence of his state of mind


misra: where evidence is available it will not be irrelevant

NON FATAL OFFENCES -- ASSAULT

mr: intention or subjective recklessness


ar: causing apprehension of immediate and unlawful violence




max 6 months


charged under S39 criminal justice act




ireland: silent phone calls


tuberville v savage: words negating assault means no intention


read v coker: conditional threat


logdon: empty threat no defence if V apprehends violence


smith: D standing outside her window could be imminent

NON FATAL OFFENCES -- BATTERY

mr: intention or subjective recklessness


ar: infliction fo force or violence




max 6 months


charged under S39




collins v wilcock: everyday touching


faulkner: touching without consent even if not hostile


brown: should be hostile


ireland: psychiatric injury not a battery


k: acid, indirect infliction



cps charging standards

ABH: relevant factors include medical intervention and permanent effects




GBH: permanent disability, disfigurement, broken limbs, blood loss, serious psychiatric injury with expert evidence

NON FATAL OFFENCES -- S47 OAPA 1861

mr: assault or battery


ar: committing assault or battery which causes abh




max 5 years




donovan: any hurt or injury which intrudes to health/comfort of v is abh


r(t): temporary loss of consciousness may be abh


chan fook: psychiatric injury may be abh if there is medical evidence


roberts: bruising is abh



NON FATAL OFFENCES -- S20

mr: intention or subjective recklessness to cause some harm


ar: wounding or inflicting gbh




savage: only have to foresee some harm not GBH


moriarty: break in continuity of skin is a wound


eisenhower: rupture of blood vessel not a wound


smith: GBH is really serious harm


grundy: look at totality of injuries, could add up to GBH

NON FATAL OFFENCES -- S18

ar: wounding or inflicting gbh


mr: intention to cause gbh or resist arrest




taylor: must show intention to cause gbh, intention to wound insufficient

hate crimes

s28 crime and disorder act 1998: aggravated offences




woods: as long as hostility is demonstrated during the attack there is no need to show it was the reason




parry: 20 mins after D admitted

harassment

s1 + S4 protection from harassment act 1997: conduct on at least 2 occasions




lau: 2 separates incidents for months apart


kelly: 3 voicemail messages in 5 minutes


curtis: episodes of domestic violence in 6 months with periods of affection no harassment


king: letters and gifts after break could be wooing back


hayes v willoughby: harassment is persistant and deliberate, unreasonable and oppressive conduct, calculated to cause alarm fear or distress

stalking

s111 protection from harassment act --> amendment




s2a(1): harassment with association to stalking


s2a(2): examples of stalking


s4a(1)(i): harassment, stalking, fear of violence


s4a(1)(ii): harassment, stalking, serious alarm or distress

rape

s1 sexual offences act


hughes: any degree of penetration



consent

s76: conclusive presumptions


jheeta: she had not been deceived as to nature and purpose, lies may be deceitful but rarely go to nature and purpose



s75: evidential presumptions




s74: meaning of consent




assange: a positive lie regarding conditions to which V agrees will undermine consent

capacity to consent

bree: despite drinking can retain capacity to consent but if capacity is lost then no reasonable belief

economic coercion to consent

kirk: homeless teenager, money for food, coerced so no consent

transgender and consent

mcnally: convicted of assault by penetration, v did not have freedom to consent

transmission and consent

clarence: husband and wife, he had gonnhorea, held she consented to sex so consent to all risks


dica: overruled, v had to consent to risk of transmission but he had not disclosed hiv status


konzani: d cannot have honest belief in consent if he concealed his status



consent to abh and gbh

brown: general rule, cannot consent, not in public interest


billinghust: sport exception, rugby player, injury can be expected in course of game but this is not a complete immunity


terence: horseplay exception, implicit consent



sexual assault

s3


r v h


s79


s78


r v george