Criminal Law Level 2

Front 1

Elliot v C(1983)

Back 1

Individual Autonomy (mentally handicapped girl burnt shed down = Arson)

Front 2

Smith (John)((1960)

Back 2

Bribing town major. Need both actus reus and mens reus

Front 3

Fagan v metropolitan police commissioner

Back 3

Continuing acts

Front 4

Thabo v Meli

Back 4

Compex single transaction - Rolled V off cliff in belief already dead

Front 5

Airedale NHS trust v Bland

Back 5

Hillsborough victim - In V's best interests no to be kept alive. Ommisions

Front 6

Sinclair v James

Back 6

Pair inject themselves. V OD's. D does not get help,but did not have to as no duty of care owed

Front 7

Pittwood (1902)

Back 7

Gatekeep left gate open. Contractual duty

Front 8

Miller (1983)

Back 8

Vagrant caused his fire, thus he was under a duty to try and prevent it - had to act

Front 9

Kaitamaki

Back 9

D had intercourse with V, but continued even when he realised no consent

Front 10

The 'But for' test

Back 10

Factual Causation

Front 11

Dolloway (1847)

Back 11

D let go of reins, child ran in front of cart and died

Front 12

White (1910)

Back 12

V died of heart attack before cyanide killed her. D still guilty

Front 13

Cato (1976)

Back 13

Both injected each other, one died. De minimis principle (too trivial)

Front 14

Pagett

Back 14

Took gf hostage. Gf killed when police returned fire. Break CoC? NO
Voluntariness principle

Front 15

Rafferty (2007)

Back 15

Chain of causation broken (ben bellamy case)

Front 16

Environmental Agency v Empress Car Co (abertillery)(1999)

Back 16

Vandals released diesel from unlocked tank. D liable

Front 17

Roberts (1971)

Back 17

D made sexual advances. V jumped out of car. Held it was a foreseeable consequences of D's actions

Front 18

Dear (1996)

Back 18

D slashed V. Died two days later with suicide note, but was from those wounds. Liable

Front 19

Smith (1959)

Back 19

V stabbed, doctor misdiagnosed and increased risk of death if anything. Held did not break CoC

Front 20

Jordan (1956)

Back 20

D died few days after incident from pneumonia due to malpractice. Held DID break CoC

Front 21

Hayward (1908)

Back 21

Take the victim as you find them (thin skull principle)

Front 22

Bleue(1975)

Back 22

J.W., so refused blood transfusion and died. Did not break CoC

Front 23

Direct Intention

Back 23

Choosing to bring about a result for its own sake/for a means to something else

Front 24

Oblique Intention

Back 24

Foresight of a virtually certain consequence

Front 25

The Woolin Direction

Back 25

Was there a direct intention? Was death a virtual certainty? RISK

Front 26

Cunningham (1957)

Back 26

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

Front 27

Stephenson(1979)

Back 27

Schizophrenic. Could not foresee consequences of actions. Burnt barn down

Front 28

S.1(1) Murder (Abolition of the Death Penalty) Act 1965

Back 28

Murder. Requires intention to cause death/GBH

Front 29

S.3 Homicide Act 1957

Back 29

Provocation

Front 30

Ibrams v Gregory (1981)

Back 30

Planned to teach bully lesson, but he inadvertently died. Liable

Front 31

Cocker (1989)

Back 31

Killed terminal wife after she asked him to. No provocation

Front 32

Ahluwalia (1992)

Back 32

Battered wife syndrome. Courts held that they could look at entire course of conduct

Front 33

Humphreys(1995)

Back 33

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

Front 34

Camplin(1978)

Back 34

Chapati pan. Age could be taken into account

Front 35

AG for Jersey v Holley (2005)

Back 35

Age/gender only factors to be taken into account

Front 36

Lamb (1967)

Back 36

Shot friend accident. Courts look to see whether a reasonable person would recognise the risk

Front 37

Dawson (1985)

Back 37

Vulnerable petrol attendant dies after robbery. Not guilty of MS

Front 38

Watson (1989)

Back 38

87 year old burgled and physically abused. Later dies from heart attack. Guilty MS

Front 39

Adamoko(1995)

Back 39

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)

Front 40

Evans (Gemma)(2009)

Back 40

Swansea girl. OD'd under half-sister's and mother's care

Front 41

Wacker (2002)

Back 41

Immigrants in lorry suffocate.

Front 42

Willoughby (2004)

Back 42

V&D burn down pub for insurance. V dies in ensuing explosion.

Front 43

Lewis (1970)

Back 43

Technical assault. Thought husband was going to break in and assault her, so jumped 3 floors

Front 44

Thomas(1985)

Back 44

Caretaker touched 11yo girl's skirt. Battery

Front 45

Fagan v met. police commr.

Back 45

Used car as medium

Front 46

DPP v Smith (2006)

Back 46

Cutting off pony tail amount to ABH

Front 47

C v Eisenhower

Back 47

Wounding - If continuity of skin is broken

Front 48

Clarenc (1888)

Back 48

Doesn't tell wife he has gonorrhoea. Deception as to the act

Front 49

Dica (2004)

Back 49

Biological GBH

Front 50

Williams (1923)

Back 50

Choirmaster deceives student as to nature of act

Front 51

Jheeta (2007)

Back 51

Abusive messages encouraging more sex. Not liable

Front 52

Collins (1973)

Back 52

Thought man on window was bf, so pulled him in and had consent (not liable)

Front 53

A-G's reference (no.2 of 1992)

Back 53

Driving without awareness. Lialbe. Must have a TOTAL destruction of voluntary control

Front 54

Quick(1973)

Back 54

Diabetic forgets to eat and assaults patient

Front 55

Stripp(1978)

Back 55

Drunk catches bus, then ends up driving it after concussion. Liable

Front 56

Wood(Clive)(2008)

Back 56

Alcoholic kills V with meat cleaver. Drink cannot be taken into account

Front 57

Bailey(1983)

Back 57

Failed to eat after insulin shot. Need to show recklessness on D's part

Front 58

Allen(1988)

Back 58

Unknown high potency wine. No excuse

Front 59

Morris (1984)

Back 59

Theft. Prices on goods swapped

Front 60

Skivington (1968)

Back 60

Cannot steal own wages

Front 61

Dawson(1976)

Back 61

Merely pushing a man to get wallet was enough for robbery

Front 62

Hale(1978)

Back 62

Tie victim up after theft. Still robbery

Front 63

Ryan(1996)

Back 63

Robber got stuck in window. Held to be substantive and effective entering of building.

Front 64

Norfolk Constabulary v Seeking and Gould

Back 64

Hooked up lorry trailers not buildings

Front 65

Jones v Smith

Back 65

Entry in excess of permission

Front 66

MPC v Charles

Back 66

Pays at casino using unauthorised chequebook.

Front 67

A (a juvenile) v R (1978)

Back 67

Spat on policeman's raincoat. Not substantial enough to amount to damage.

Front 68

Hardman v Chief Constable of Avon and Somerset

Back 68

Water soluble paints on pavement = criminal damage as council had to pay to remove

Front 69

Morphitis v Salmon

Back 69

Scratched scaffolding bar. Usefulness had not been effected, so no CD.

Front 70

Conway(1988)

Back 70

Tonna thought police were atackers

Front 71

Hudson v taylor

Back 71

Duress by threats allowed, even though had opportunity to seek police protection

Front 72

Hussein (1999)

Back 72

Hijacked plane for asylum

Front 73

Duress by threats

Back 73

Available as a general defence, except murder/accessory to murder/attempted murder

Front 74

Kitson (1955)

Back 74

Necessity. Jumped into rolling car

Front 75

Hasan (2005)

Back 75

Voluntary exposure to threats. Prostitution racket

Front 76

Dudley v Stephens (1881-5)

Back 76

Necessity - Eat boy on boat

Front 77

Re A (conjoined twins)(2000)

Back 77

Mary and Jodie twins. One needs to die to save other

Front 78

Martin(Anthony)(2002)

Back 78

Duress of circumstances - farmer shot burglers

Front 79

Clegg (1995)

Back 79

Use of excessive force - shot driver after car had passed. No duress of circumstances

Front 80

Oxford v Moss (1979)

Back 80

Information can not be stolen

Front 81

Ghosh

Back 81

Test for dishonesty

Front 82

Lloyd(1985)

Back 82

Took home cinema reels to copy, then return - no theft

Front 83

Corcoran v Anderton

Back 83

Robbery complete as soon as handbag was touched

Front 84

Caldwell (1982)
R v G and another (2003)

Back 84

Would a person in D's position foresee the risk? Cunningham reinstated in 2003.
Two boys burn bins