Frage 1
Frage
The case of Stone v Dobinson [1977] demonstrates a duty can arise in which situations?
Antworten
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Relationship
-
Statute
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Voluntary Assumption
Frage 2
Frage
In which situations can a person have a duty to act?
Antworten
-
Statute, Voluntary Assumption, Law Enforcement, Contract of Employment, Marriage
-
Contract of Employment, Statute, Law Enforcement,. Relationship, Voluntary Relationship, Creating a Dangerous Situation
Frage 3
Frage
What does the case of Dytham [1979] demonstrate?
Frage 4
Frage
Which cases demonstrate a duty to act through creating a dangerous situation?
Antworten
-
Instan [1893]
-
Lewis v CPS [2002]
-
Lowe [1973]
-
Miller [1982]
-
Evans [2009]
Frage 5
Frage
What do you have to do to discharge a duty?
Frage 6
Frage
Which case stated that the burden of proof is always on the prosecution?
Antworten
-
Woolmington v DPP [1935]
-
Woolmington v DPP [1967]
Frage 7
Frage
Which can held conduct has to be voluntary?
Frage 8
Frage
What generally comes after a word meaning 'causing'? i.e. ocassioning
Frage 9
Frage
What do you have to prove in causation?
Antworten
-
Causation in Fact - BUT-FOR-TEST = White [1910]
-
Causation in Law - SUBSTANTIAL CAUSE = Cheshire [1991]
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Causation in Law - SUBSTANTIAL = Cheshire [1991] & OPERATING CAUSE.
Frage 10
Frage
What do the cases of Latimer (1866) & Pembilton (1874) demonstrate?
Antworten
-
You transfer actus reus from A to B & has to be actus reus of the same crime = transferred malice.
-
You cannot transfer malice until both the mens rea and actus reus have been committed against both the V's.
Frage 11
Frage
What does state of affairs mean?
Frage 12
Frage
Which case stated that you can not double transfer transferred malice?
Frage 13
Frage
Unreasonable mistake is what?
Frage 14
Frage
Principle of Contemporaneity - Which cases represent mens rea prior to actus reus?
Antworten
-
Miller [1982]
-
Thabo Meli [1954]
-
Lowe [1973]
-
Church [1965]
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Fagan v MPC [1969]
-
Le Brun [1991]
Frage 15
Frage
What is negligence?
Frage 16
Frage
What is it called when a person fails to give reasonable thought to a risk when a reasonable person would have been aware of the risk?
Frage 17
Frage
What happened in the case of White [1910]?
Antworten
-
Put poison in the V's drink causing them to suffer a heart attack & die. Guilty for murder as his actions caused the V's death.
-
Put poison in the V's drink causing them to suffer a heart attack & die. Was not the cause of her death = causation was missing & so wasn't guilty of murder. Guilty of attempted murder.
Frage 18
Frage
Principle of Contemporaneity - Which cases represent the actus reus occurring prior to the mens rea?
Antworten
-
Fagan v MPC [1969]
-
Le Brun [1991]
-
Miller [1992]
-
Church [1965]
-
Miller [1982]
Frage 19
Frage
The mens rea of intention is split in to two: these two are?
Antworten
-
Direct & Oblique
-
Direct & Opaque
Frage 20
Frage
If the defendant intends a consequence, if they desire it, it is their purpose or aim - this is ... intention?
Frage 21
Frage
Can a defendant be found to have intended a circumstance even if they have not aimed for the consequence to occur?
Antworten
-
Yes - Virtually certain
-
No
Frage 22
Frage
Which case stated that you can be guilty of murder if the defendant knew/realised death or GBH was virtually certain?
Frage 23
Frage
Oblique intention is a ... test
Frage 24
Frage
Negligence is a ... test.
Frage 25
Frage
Intention is a ... test.
Frage 26
Frage
Virtual certainty of a consequence is evidence of intention states...
Antworten
-
Nedrick [1986]
-
Nedrick [1985]
Frage 27
Frage
Maloney [1985] set out what?
Frage 28
Frage
R v Smith [1974] was about what?
Frage 29
Frage
A consequence has to be highly probable for intention states...
Antworten
-
Maloney [1985]
-
Hancock [1986]
Frage 30
Frage
G [2003] defined recklessness as...
Antworten
-
'A person acts recklessly with respect to...a) circumstance when he is aware of a risk that it exists or will exists...b) a result when he is aware that it will occur & it is, in the circumstances known to him, unreasonable to take that risk.'
-
'A person acts reckless is he does an act which creates an obvious & serious risk that property will be destroyed or damaged & either a) recognised there was some risk but nevertheless went on to do it or b) gave no thought to the possibility of there being such a risk.'
Frage 31
Frage
G [2003] took back the definition of recklessness in which cases?
Antworten
-
Cunningham [1957] - meaning of recklessness (if aware of the risk)
-
Brady [2010] - test - was what they did unjustifiable?
-
Adomako [1994] - test - was it objective?
-
Brady [2006] - test - was what they did unjustifiable?
Frage 32
Frage
Which cases demonstrated a mistake of fact? (must relate to element in the AR)
Frage 33
Frage
Why did G [2003] find Caldwell's definition of recklessness wrong altogether?
Antworten
-
The subjective test ran counter to the principles of mens rea & should revert to having an objective test
-
The objective test ran counter to the principles of mens rea & should revert to having an subjective test
Frage 34
Frage
Wounding or causing GBH with intent is under which section of the Offences Against the Person Act?
Frage 35
Frage
Wounding or Causing GBH, under s.20 OAPA can be committed...
Frage 36
Frage
Assault Ocassioning Actual Bodily Harm is under which section & what doesn't the act involve?
Frage 37
Frage
'Intentionally or recklessly inflicting unlawful force or violence on V without consent' is what?
Frage 38
Frage
'Intentionally or recklessly causing V to apprehend immediate & unlawful force or violence' is what?
Frage 39
Frage
A common law battery is touching someone and causing an injury
Frage 40
Frage 41
Frage
A battery has to be in some form hostile or agressive
Frage 42
Frage
Which case stated that the contact for a battery has to be unlawful else the actus reus is not complete?
Frage 43
Frage
Which case stated that you cannot commit an assault by omission?
Frage 44
Frage
An assault can occur
Frage 45
Frage
Assault - Which case stated that words can negate apprehension?
Frage 46
Frage
What did Ireland v Burstow [1998] prove?
Frage 47
Frage
Can an assault occur through words?
Antworten
-
No - Constanza [1997]
-
Yes - Constanza [1997]
Frage 48
Frage
What happened in the case of Smith v CS of Working [1983]
Antworten
-
an assault occurred because the defendant was on the other side of the window and this was classed as sufficiently imminent
-
an assault didn't occur because the defendant was on the other side of the window and therefore couldn't touch the V immediately and just frightened the V.
Frage 49
Frage
A fear of violence 'within a minute or two' might be sufficient to constitute an assault stated...
Frage 50
Frage
The fact that a defendant did not intend to carry out an attack against the V does not mean he didn't constitute an assault. Which case?
Antworten
-
Logdon v DPP [1976]
-
Lowe [1973]
Frage 51
Frage
Williams (Gladstone) [1987] proved that assault was...
Antworten
-
a strict liability crime
-
a full mens rea offence
Frage 52
Frage
What is the mens rea of S.18 Wounding with Intent
Antworten
-
An intent to wound
-
An intent to cause GBH
Frage 53
Frage
Foresight that serious harm would probably not happen is not the same as an intention to cause GBH - must have ulterior intent (mens rea specifies more than you have to do to commit actus reus)
Antworten
-
Bryony [1985]
-
Bryson [1985]
Frage 54
Frage
The actus reus of S.20 Wounding is: the defendant unlawfully either:
Frage 55
Frage
S.20 - GBH is 'really serious bodily harm' states:
Antworten
-
DPP v Morgan [1961]
-
DPP v Smith [1961]
Frage 56
Frage
Ireland v Burstow [1998] set out that psychological injuries can fall under s.20 IF...
Frage 57
Frage
Under S.47 you need to show that the def. intended or foresaw actual bodily harm
Frage 58
Frage
Under s.20 OAPA, for the mens rea, it is necessary to show that the defendant intended or foresaw that the V would suffer GBH
Frage 59
Frage
C v Eisenhower [1984] stated a wound is...
Frage 60
Frage
The court has held when assessing whether injuries are 'really serious' to constitute GBH, the impact of the injuries on a particular V must be taken in to account states:
Antworten
-
Saunders [1985]
-
Rupert [1974]
-
Bollom [2003]
Frage 61
Frage
Can S.20 involve VERY serious psychological harm?
Antworten
-
No - Burstow [1998]
-
Yes - Burstow [1998]
Frage 62
Frage
Chan-Fook [1994] stated that harm...
Antworten
-
need not be permanent, but it should 'not be so trivial as to be wholly insignificant.'
-
must be permanent and enough to be 'wholly significant'
Frage 63
Frage
DDP v Smith [2006] is about
Antworten
-
a womans ponytail being cut off = held to be ABH as no need to show pain because harm includes hurt or damage. Court emphasised hair was an intrinsic part to the identify of individual.
-
a campaign of domestic violence where the def had caused the V to suffer severe psychological harm but this wasn't concluded as an actual recognised illness.
Frage 64
Frage
Ireland v Burstow [1998] set out that psychological injuries can fall under s.20 IF...
Frage 65
Frage
What happened in the case of Saunders [1985]? (S.20 OAPA)
Antworten
-
approached a stranger sitting at the roadside. Asked him what his problem was and he was attacked breaking his nose and suffering other injuries.
-
approached a stranger sitting at the roadside. asked him what his problem was and he said there wasn't one. punched him in face breaking nose & suffering other injuries.
Frage 66
Frage
Mens rea for s.20 is that def must intend or foresee (Cunningham Reckless). Not necessary to show def. believed would cause the V harm. Enough to prove he believed he MIGHT. This point stressed in?
Frage 67
Frage
Sufficient that the def intended or could forsee some harm will result from actions was proved in...
Frage 68
Frage
What is actual bodily harm?
Frage 69
Frage
Even though technically these could involve ABH, the Crown Prosecution Guidelines recommend charging as battery:
Antworten
-
grazes, minor bruising, scratches, abrasions, swellings, reddening of the skin, superficial cuts, a 'black eye'
-
major bruising, distress, cuts, drawing blood, swellings, a 'black eye'
Frage 70
Frage
What is the actus reus of murder?
Frage 71
Frage
Which case set out that a victim of murder has to be a person?
Frage 72
Frage
Murder is not unlawful if done in self-defence
Frage 73
Frage
Does causation have to be proven in murder?
Frage 74
Frage
What happened in the case of R v Blaue [1975]?
Antworten
-
V was extremely drunk and ran away from def who was assaulting him - died when feel in to a gutter & was hit by a car.
-
Girl refused blood transfusion due to her religion after being stabbed by the def 4 times.
Frage 75
Frage
What is the Law Reform (Year and a Day Rule) Act 1996 about?
Antworten
-
It is now the law that a defendant is liable for murder only if the V died within a year and a day of the def's actions.
-
It used to be the law that the def would be liable for murder only if the V died within a year and a day of the def's actions & this act abolished the rule as it gave rise to difficulties.
Frage 76
Frage
In which case did the V, who was extremely drunk, run away from the def who was assaulting him and died when V fell in gutter & was hit by a car?
Antworten
-
Corbett [2000]
-
Corbett [1996]
-
Corbett [1998]
-
Corbett [1975]
Frage 77
Frage
In which case was the mens rea of murder established?
Antworten
-
Caldwell [1981] - def did not intend to kill but intended to cause GBH = sufficient for murder conviction.
-
Cunningham [1982] - def did not intend to kill but intended to cause GBH = sufficient for murder conviction.
Frage 78
Frage
In what circumstances will the def remain liable for causing the death of V when something intervened between D's conduct & death?
Antworten
-
Medical intervention (Cheshire [1991]); V refuses medical treatment (R v Blaue [1975]); D's conduct still operative (Blaue); Reasonable attempt to escape by V (Roberts; Corbett [1996])
-
V ran away and suffered a heart attack (Cheshire [1991]); Failure of medical intervention by medical staff; D's conduct is operative (Blaue); Def committed an assault made worse by a third party
Frage 79
Frage
Prior to the mens rea of murder we use now, what was it known as beforehand that was deemed misleading?
Antworten
-
Malice anafterthought
-
Malice aforethought
Frage 80
Frage
Intention to kill (express malice) & intention to inflict GBH (implied malice) - which mindset has to be in use for the mens rea of murder?
Frage 81
Frage
Def may not have acted with the purpose of killing or causing GBH but it was an extremely likely result of the def's actions. This was set out in?
Antworten
-
Woollin [1999] - tested subjectively (def knew, wanted, desired). Jury may fin intention only if the death or GBH was a virtually certain result.
-
Cunningham [1982] - tested subjectively (def knew, wanted, desired). Jury may fin intention only if the death or GBH was a virtually certain result.
Frage 82
Frage
What is voluntary manslaughter?
Frage 83
Frage
Murder will be reduced to voluntary manslaughter in which of these circumstances?
Frage 84
Frage
The 3 mens rea's of involuntary manslaughter are...
Frage 85
Frage
AG Reference (No.3 of 1994) [1998] found that for a person to be guilty of constructive manslaughter, it must be proved they performed an act which was:
Antworten
-
Negligent, dangerous, caused the death of the V
-
Unlawful, negligent, caused the death of the V
-
Unlawful, dangerous, caused the death of the V
Frage 86
Frage
R v MD [2004] set out what?
Antworten
-
If there is a desire or purpose to intend to kill or cause GBH, don't have to use Woollin. Virtual certainty does not need to be discussed if def had direct intent.
-
Virtual certainty still needs to be discussed even if the def had a desire or purpose to intend to kill or cause GBH as you need to look at whether the reasonable person would have been aware of the risk.
Frage 87
Frage
The Court concluded a negligent omission was not sufficient for constructive manslaughter in which case?
Antworten
-
Pittwood (1902)
-
Lowe [1973]
Frage 88
Frage
Which cases demonstrated that an unlawful act, under constructive manslaughter, need not be against a person?
Frage 89
Frage
The cases of DPP v Newbury [1976] & Goodfellow [1986] proved what?
Frage 90
Frage
Under constructive manslaughter, the unlawful act must be a crime for it to succeed. In which case did the prosecution fail for constructive manslaughter because there was no unlawful crime?
Antworten
-
Dhaliwal [2006] - husband was abusive to wife causing severe emotional trauma = committed suicide. Psychological damage is not a crime or unlawful act.
-
Goodfellow [1986] - husband was abusive to wife causing severe emotional trauma = committed suicide. Psychological damage is not a crime or unlawful act.
Frage 91
Frage
Which case defined 'dangerous' as something likely to cause harm (Constructive Manslaughter)?
Antworten
-
Dalby [1982]
-
Goodfellow [1986]
-
Church [1966]
Frage 92
Frage
Dangerousness is to be tested objectively - not need to show def was aware act was dangerous; question is whether a reasonable person would appreciate its dangerous. This point was demonstrated in?
Antworten
-
Dawson (1985)
-
Dalby (1982)
Frage 93
Frage
What set of facts are correct for the case of Watson [1989]?
Antworten
-
The V was a frail 87 year old man & def broke in to his house. Man had serious heart condition, suffered a heart attack & died. This wouldn't have been foreseeable to the reasonable person just because of the age of the man. The man wasn't convicted because of this reason.
-
The V was a frail 87 year old man & def broke in to his house. Man had serious heart condition, suffered a heart attack & died. This would have been foreseeable because of frailty of the old man. The def wasn't convicted because wasn't enough evidence to link burglary to heart attack.
Frage 94
Frage
Why was the def found guilty in the case of Rogers [2003]?
Frage 95
Frage
What is the difference between the decision in Dias [2002] & Finlay [2003]?
Antworten
-
In Dias the def was not found guilty, even though purchased heroin & prepared syringe for V, because the V broke the chain by administering it themselves. In Finlay the def was not guilty because it was not reasonably foreseeable that the V would administer the heroin straight away when it was prepared.
-
In Dias the def was not found guilty, even though purchased heroin & prepared syringe for V, because the V broke the chain by administering it themselves. In Finlay the def was liable as self-injection didn't break chain as was reasonably foreseeable.
Frage 96
Frage
Def killed V foreseeing a risk of death or serious injury is...
Frage 97
Frage
In the case of Carey [2006], where a girl ran away & suffered a heart attack due to unknown heart condition, why could the def not be convicted under constructive manslaughter?
Antworten
-
It wasn't the unlawful, dangerous act that caused the death of the V (the punch) - it was the affray because the def's behaviour caused the V to run away. Reasonable person would not have realised this was likely to cause physical injury.
-
It wasn't know to the def that the V had a weak heart and that her behaviour would cause the V to suffer a heart attack and therefore the link was missing between the actus reus & mens rea.
Frage 98
Frage
The unlawful & dangerous act must cause the death of the V. However this was overlooked in the case of ...
Antworten
-
Cato [1987] - def supplied heroin to V & with consent he administered it - V died from overdose. CA held that the unlawful act was the possession of the drugs, not the administration which caused the death. Therefore link was missing.
-
Cato [1976] - def supplied heroin to V & with consent he administered it - V died from overdose. CA held that the unlawful act was the possession of the drugs, not the administration which caused the death. Therefore link was missing.
Frage 99
Frage
Which case set definition of subjective recklessness?
Antworten
-
Caldwell [1981]
-
R v G [2003]
Frage 100
Frage
In which case did 2 young doctors admit medication wrongly resulting in death?
Antworten
-
Adomako [1994]
-
Singh [1999]
Frage 101
Frage
In which case did the def set fire to his house killing wife, son & other woman as a scam because he wanted to move from his council house but couldn't? REALISING A RISK, HOWEVER SLIGHT, OF PHYSICAL INJURY.
Antworten
-
Lidar [2000]
-
Goodfellow (1986)
Frage 102
Frage
Gross negligence is a ... test
Frage 103
Frage
Misra & Srivastava [2004] confirmed what degree of risk for gross negligence manslaughter?
Antworten
-
Must be a risk of GBH
-
Must be a risk of death
Frage 104
Frage
Gross Negligence isn't just negligence, it is serious negligence. Therefore there are 4 elements which are:
Antworten
-
D owed duty of care towards V; D breached the duty; Breach caused V's death; Breach (negligence) so gross as to amount to crime.
-
D owed duty of care to V; D breached the duty; Breach caused injury; Breach was negligent
Frage 105
Frage
In Evans [2009] the def supplied sister with heroin. She began to exhibit signs of overdose but def & mother did not call medical assistance = V died. Why was the sister under a duty to act & had a duty of care?
Frage 106
Frage
A subjective state of mind isn't relevant for Gross Negligence as it is an objective test. However, if there is gross negligence, the state of mind can be relevant because it can make that negligence gross - awareness of the risk could tip the balance. Demonstrated in?
Frage 107
Frage
Why was there a conviction of manslaughter in Singh [1999]?
Antworten
-
Def followed up complaints about a defective gas fire within a lodging house he run with his father. Contact a gas fitter who did not reasonably foresee that there was a problem with carbon monoxide and caused the death of a lodger.
-
Def followed up complaints about defective gas fire within a lodging house he run with his father other than to inspect it himself. Lodger died of carbon monoxide poisoning from the fire.
Frage 108
Frage
Actus reus of criminal damage is...
Antworten
-
destruction to property belonging to another person without lawful excuse
-
destruction of or damage to property belonging to another without lawful excuse
-
damage of property belonging to another without lawful excuse
-
destruction of or damage to property belonging to another person without lawful excuse
Frage 109
Frage
Why was there no criminal damage in the case of A (A Juvenile) v R [1978]?
Frage 110
Frage
What happened in the case of Fiak [2005]
Frage 111
Frage
Which section of the Criminal Damage Act 1971 sets out the definition of criminal damage?
Antworten
-
S.2(1)
-
S.4(1)
-
S.1(1)
-
S.3(1)
Frage 112
Frage
In what case did the def do a karate kick believing no harm would be done & smashed a window? = no mens rea - not guilty.
Antworten
-
Avon v Shimmen [1986]
-
Denton [1982]
Frage 113
Frage
Painting on a pavement is criminal damage demonstrated the case of...
Frage 114
Frage
In which case did the def jump on a policeman's hat resulting in conviction of criminal damage?
Frage 115
Frage
What happened in the case of Fiak [2005]
Frage 116
Frage
In what case did a hacker access an academic network, delete/add files, left messages & change passwords? Proving need not be tangible property for criminal damage.
Antworten
-
Whiteley [1991]
-
Whiteley [1996]
Frage 117
Frage
Property & Belonging to Another is under which section of the Criminal Damage Act 1971
Frage 118
Frage
Def intended or was reckless as to damaging property belonging to another is the mens rea for which crime?
Frage 119
Frage
Without lawful (belief in consent - mens rea for criminal damage) is under which section of the Criminal Damage Act 1971?
Frage 120
Frage
Without lawful excuse is demonstrated in the case of... where the def set fire to machinery after being asked by his employer to do so.
Antworten
-
Denton [1999]
-
Denton [1982]
Frage 121
Frage
Without lawful excuse is demonstrated in the case of... where the def set fire to machinery after being asked by his employer to do so.
Antworten
-
Denton [1999]
-
Denton [1982]
Frage 122
Frage
The case of Blake v DPP [1993] stated what?
Frage 123
Frage
Without lawful excuse is a defence to property under which section of the Criminal Damage Act 1971?
Antworten
-
S.5(2)(b)
-
S.5(2)(c)
-
S.5(2)(a)
Frage 124
Frage
Under S.5(2)(b) (without lawful excuse defence to property) - the def must be arguing the damage was done in order to protect the property belonging to the def or another believing two things... What are they?
Frage 125
Frage
What happened in the case of Hunt (1978)?
Antworten
-
Def set fire to bedding in block of flats to demonstrate inadequacy of fire alarms = no defence. Did it to show inadequacy of fire alarms not to protect the property.
-
Def set fire to bedding in block of flats to demonstrate inadequacy of fire alarms = defence. By proving the inadequacy of the fire alarms - protecting property.
Frage 126
Frage
In what case did the mother and another person break in to the child's fathers house to remove the child believing the child was at risk? (Child not property)
Frage 127
Frage
What is aggrivated criminal damage?
Frage 128
Frage
Can aggrivated criminal damage be committed by the defendant damaging his own property?
Frage 129
Frage
The case of Sangha [1988] proved what?
Antworten
-
Def caused fire in a flat that, unbeknown to him, no one was in. However, a reasonable person would have thought there was a risk = doesn't have to be an endangerment.
-
Def caused fire in a flat that, unbeknown to him, no one was in. However, a reasonable person would have thought there was a risk = does have to be an endangerment to life.
Frage 130
Frage
What is the mens rea of aggrivated criminal damage?
Antworten
-
must be shown that def intended to destroy or damage property & must show def intended or was reckless to endangerment of a life due to criminal damage.
-
must be shown that def intended or was reckless in destroying or damaging property & must show def intended or was reckless to endangerment of a life due to criminal damage.
Frage 131
Frage
Steer [1987] proved that