If the accused is not in control of his actions, he may plead..
The defence of automatism
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What happened in Kay v Butterworth...
D fell asleep when driving - was voluntary, he was tired when driving and he could have pulled over.
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'_____ ____' is when some crimes are committed if D does a certain act, regardless of the consequence e.g strict liability.
Conduct crimes
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Murder (dead body) and death by dangerous driving is an example of what crime?
Consequence
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What is the name of the case for circumstance crimes?
Winzar 1983
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You cannot commit the AR of a crime by omitting/failing to do something
Crimes committing by omission
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What is the case for 'where there is a duty under a contract to act'?
R v Adomako 1994
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Where there is a duty under a contract to act : Medical cases : What was held in the case of Bland?
The doctors were allowed to stop feeding him because it was in the patients best interest.
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Your status or position: What didn't the policeman stop in Dytham?
A fight
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Voluntary assumed responsibility: What happened in Stone & Dobinson 1977?
They were unable to look after their ill sister and she died.
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What is the case for 'Dangerous situation caused by the D & D failed to put it right?
Miller 1983
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Causation: if the 'but for' test is yes, what does it mean?
D is not a factual cause
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What is the name of the two cases for factual cause
R v Cheshire 1991 and R v White 1910
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What is said in Kimsey?
D's original act makes a more than minimal contribution to the consequence
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Actions by medical practitioners: what was held in R v Smith 1959?
was guilty as the wounds were still a substantial and operating cause at the time of death.
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Actions by medical practitioners: In which case did the victim contract respiratory problems?
R v Cheshire 1991
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Intervening actions by the victim: Which case was this the factual cause for: but for him making sexual advances, she wouldn't have jumped out the car
R v Roberts 1972
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Self-neglect: what was the case where D cut v on his finger but the v ignored medical advice?
Holland 1841
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Acceleration principle: what case was this said in? 'If her life was cut short by weeks or months it was just as much murder as it if were cut short by years'
Adams 1957
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Pre-existing condition: What caused the women to die?
Argument, physical exertion and fright
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Thin skull rule: what happened in R v Blaue 1975?
D stabbed v, v dies as she refused medical treatment due to her religion
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Other cards in this set
Card 2
Front
The actus reus must be committed..
Back
Voluntarily
Card 3
Front
If the accused is not in control of his actions, he may plead..
Back
Card 4
Front
What happened in Kay v Butterworth...
Back
Card 5
Front
'_____ ____' is when some crimes are committed if D does a certain act, regardless of the consequence e.g strict liability.
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