Cases

HideShow resource information
  • Created by: Courtney
  • Created on: 20-04-16 19:39
Brown [1993]
CONSENT, OAPA Consensual homosexual sadomasochism; 5 males convicted for causing ABH --> convictions upheld due to desire to prevent growth of a 'cult of violence' [Lord Templeman]
1 of 26
Wilson [1996]
CONSENT, OAPA Husband branded his initials on wife's buttocks with a heated knife; was acquitted of ABH as she had consented --> contradicted BROWN
2 of 26
Fagan v Metropolitan Police Commissioner [1968]
OMISSION D accidentally drove his car onto police officer's foot; when asked to move car, refused to do so for sometime; convicted of assaulting a police officer in the execution of his duty --> "for assault to be committed, both the elements of actu
3 of 26
DPP v Santana-Bermudez [2003]
OMISSION An omission can constitute the actus reus; defendant failed to tell police woman, who was going to search his pockets, that he had a hypodermic needle in one of them --> actus reus for assault causing ABH.
4 of 26
Airedale NHS Trust vs Bland [1993]
OMISSION Discontinuance of medical treatment where it is in the best interests of the patient is not an omission that can form the AR
5 of 26
Stone and Dobinson [1977]
OMISSION, DUTY OF CARE Voluntary undertaking of responsibility for a person constitutes having a duty of care; Ds failed to adequately ensure that Fanny survived.
6 of 26
Miller [1983]
OMISSION, DUTY OF CARE D was living in a squat; fell asleep while smoking a cigarette and awoke to see his mattress on fire. Ignored this and went to sleep in another room; house set on fire --> convicted of arson. If D sets a chain of events into m
7 of 26
White [1910]
ACTUS REUS, HOMICIDE Poison added to V's drink with intention of killing her; however evidence showed she died of a heart attack --> in murder the AR must CAUSE the death.
8 of 26
Pagett [1983]
ACTUS REUS, HOMICIDE D's act need not be the whole cause, nor need it be a main cause of death
9 of 26
Kennedy [2007]
HOMICIDE, ACTUS REUS D, at V's request, prepared a dose of heroin and gave V the syringe with it in. V then self-injected; he later died as a result. D's conviction for unlawful act manslaughter quashed by House of Lords.
10 of 26
Moloney [1985]
MENS REA Foresight of consequences is merely evidence of intention; must be VIRTUALLY CERTAIN
11 of 26
Woollin [1998]
MENS REA D lost his temper with 3 month old son and threw him toward pram; child struck his head on hard surface and died from fractures skull.
12 of 26
G and another [2003]
MENS REA Two boys aged 11 and 12, set fire to newspapers in a wheelie bin and left but the bin caught fire and fire spread to nearby shop and other buildings; House of Lords quashed their convictions for criminal damage. Return to the subjective reck
13 of 26
Gnango [2011]
Gnango [2011] COMPLICITY D and another man known as 'Bandana Man' were engaged in a gun battle, trying to kill each other. D shot and killed V, a passer-by - D convicted of murder. Not a joint enterprise as Ds were firing at each other however by agr
14 of 26
Clarkson and others [1971]
COMPLICITY D and another soldier entered a room where a woman was being *****. Remained in room during **** but did nothing --> being present but doing nothing is not sufficient to make D a secondary party.
15 of 26
Bainbridge [1959]
SECONDARY PARTICIPATION D bought oxygen cutting equipment; knew that others were going to use equipment for criminal purposes; but did not know exact details - however could still be convicted.
16 of 26
Becerra and Cooper [1975]
PARASITIC JE B and C broke into house to steal; B gave C a knife to use. When interrupted by V, B said "Let's go,", and jumped out of window. C stabbed and killed V--> both B and C were convicted of murder. Merely saying 'let's go' not an effective w
17 of 26
Hasan[2005]
DURESS D associated with violent drug dealer;committed burglary 'cause of threats Set out conditions for duress:Threat of death or GBH Threat directed against D, D's immediate family, someone close to D Reasonable belief in threat;reasonable response
18 of 26
Re A (Conjoined Twins) [2000]
NECESSITY Parents refused to consent to operation to separate conjoined twins; doctors applied for declaration that it was lawful, even though weaker train would certainly due to doctrine of necessity.
19 of 26
Dica [2004]
CONSENT D, who knew he was HIV positive, had relationships with 2 women. Had unprotected sex with him and both became infected; they did not know he was HIV positive and would not have agreed to unprotected sex had they have known.
20 of 26
Ireland [1997]
OAPA D made large number of silent telephone calls to three women; caused psychiatric injury Making telephone calls, even silent ones, can amount to assault Lord Steyn: "may fear the possibility of immediate personal violence"
21 of 26
Gomez [1993]
Assistant manager of shop persuaded manager to sell electrical goods to an accomplice and to accept payment by two cheques, saying they were as good as cash, when in fact they were stolen and had no value. Assumed the rights of the owner in regards t
22 of 26
Hinks [2000]
D was 38 year old woman who had befriended a man of low IQ who was v naive; but mentally capable of understanding concept of ownership and making a gift. D gradually withdrew money from his building account and deposited it in her own account - convi
23 of 26
Ghosh [1982]
Doctor claimed feeds for an operation he had not carried out; saying he was not dishonest as he was owed the same amount for consultation fees. Two part test for dishonesty: 1) Jury must decide whether according to ordinary standards of reasonable an
24 of 26
Morris [1984]
Switching of price labels on goods in supermarket constitutes an appropriation; need not be an assumption of ALL the rights of the owner
25 of 26
Brown [1985]
Leaning through shop window and rummaging through goods = enough for burglary 
26 of 26

Other cards in this set

Card 2

Front

CONSENT, OAPA Husband branded his initials on wife's buttocks with a heated knife; was acquitted of ABH as she had consented --> contradicted BROWN

Back

Wilson [1996]

Card 3

Front

OMISSION D accidentally drove his car onto police officer's foot; when asked to move car, refused to do so for sometime; convicted of assaulting a police officer in the execution of his duty --> "for assault to be committed, both the elements of actu

Back

Preview of the back of card 3

Card 4

Front

OMISSION An omission can constitute the actus reus; defendant failed to tell police woman, who was going to search his pockets, that he had a hypodermic needle in one of them --> actus reus for assault causing ABH.

Back

Preview of the back of card 4

Card 5

Front

OMISSION Discontinuance of medical treatment where it is in the best interests of the patient is not an omission that can form the AR

Back

Preview of the back of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »