Law - Mocks - Section B

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  • Created by: e_m_e
  • Created on: 20-06-21 13:39
Continuing act
Fagan
1 of 136
Series of events
Le Brun
2 of 136
Transferred malice
Latimer
3 of 136
Factual Cause
Pagett
4 of 136
Legal cause
Smith
5 of 136
Thin skull rule
Blaue
6 of 136
Palpably wrong medical treatment
Jordan
7 of 136
Victim's own act - unforeseeable and disproportionate to the threat
Williams and Davis
8 of 136
Victim's own act - foreseeable and proportionate to the threat
Roberts
9 of 136
V administered drug
Kennedy No 2
10 of 136
D administered drug
Cato
11 of 136
Assualt - act
S39 Criminal Justice Act 1988
12 of 136
Assault - words, gestures or silence
Ireland
13 of 136
Assault - V fears immediate unlawful force
Lamb
14 of 136
Assault - cancelled out by words
Tuberville v Savage
15 of 136
Assault - can be in the future
Constanza
16 of 136
Assault - doesn't matter if D cannot get to the V
Woking
17 of 136
Battery - act
S39 Criminal Justice Act 1988
18 of 136
Battery - slightest touch
Collins v Wilcock
19 of 136
Battery - clothes are an extension of the person
Thomas
20 of 136
Battery - implied consent for ordinary jostling of everyday life
Wilson v Pringle
21 of 136
Battery - indirect act
DPP v K
22 of 136
Battery - omission
Santana-Bermudez
23 of 136
ABH - act
S47 Offence Against the Persons Act 1861
24 of 136
ABH - interfere with health and comfort, not transient or trifling
Miller
25 of 136
ABH - doesn't extend to fear, panic or distress, does extend to identifiable, clinical conditions
Chan-Fook
26 of 136
ABH - cutting hair without consent
Smith
27 of 136
ABH - loss of conciousness
T v DPP
28 of 136
ABH - indirect act
DPP v K
29 of 136
Wounding - act
S18 and S20 Offences Against the Persons Act 1861
30 of 136
Wounding - breaks both layers of the skin
Eisenhower
31 of 136
Wounding - direct intent to cause GBH
Taylor
32 of 136
Wounding/ GBH - direct intent to resist arrest
Morrison
33 of 136
Wounding - direct intent to cause a wound
Taylor
34 of 136
Wounding/ GBH - direct intent to cause some harm
Mowatt
35 of 136
GBH - act
S18 and S20 Offences Against the Persons Act 1861
36 of 136
Wounding/ GBH - cause
S18
37 of 136
Wounding/ GBH - inflict
S20
38 of 136
Wounding/ GBH - cause and inflict, treated with same meaning
Burstow
39 of 136
GBH - serious harm
Saunders
40 of 136
GBH - Really serious harm
Smith
41 of 136
GBH - V's age and health are relevant
Bollom
42 of 136
GBH - knowingly transmitting a disease
Dica
43 of 136
GBH - indirect act
Martin
44 of 136
GBH - harm can be psychiatric
Burstow
45 of 136
Murder - definition
Unlawful killing of a creature in being during Queen's peace with malice aforethought expressed or implied
46 of 136
Murder - authority
Lord Justice Coke
47 of 136
Murder - left womb and taken at least one breath
Poulter
48 of 136
Murder - umbilical cord
Reeves
49 of 136
Murder - fetus is not a reasonable creature in being
Attorney General's Reference (No 3 of 1994)
50 of 136
Fetus destruction - act
Infant Life (Preservation) Act 1929
51 of 136
Murder - no brain activity
Malcherek
52 of 136
Murder - V dying after event
Law Reform (Year and a Day Rule) Act 1996
53 of 136
Murder - V dying after three years needs ...
Consent from the Attorney General
54 of 136
Murder - Queen's peace
Blackman
55 of 136
Murder - direct intent to cause GBH
Vickers
56 of 136
LOC - act
S54 Coroners and Justice Act 2009
57 of 136
LOC - legal test
a) conduct resulted from a loss of control, b) due to a qualifying trigger, c) person of the D's sex and age with an ordinary level of tolerance and self-restraint in same circumstances might act in the same way
58 of 136
LOC - not just loss of self-restraint
Cocker
59 of 136
LOC - doesn't have to be immediate
S54(2)
60 of 136
LOC - fear of serious violence
S55(3), Martin
61 of 136
LOC - violence must be against an identifiable person
Ward
62 of 136
LOC - things said or done
a) extremely grave character, b) justifiable sense of being wronged
63 of 136
LOC - things said or done - case and act
Zebedee, S55(4)
64 of 136
LOC - breakdown of a relationship is not things said or done
Hatter
65 of 136
LOC - combination of S55(3) and S55(4)
S55(5)
66 of 136
LOC - revenge
S54(4), Ibrams and Gregory
67 of 136
LOC - D incited something to be said or done, excuse to use violence
S55(6)(a)
68 of 136
LOC - D incited something to be said or done, cause a sense of being seriously wronged
S55(6)(b)
69 of 136
LOC - sexual infidenlity
S55(6)(c)
70 of 136
LOC - infidelity with another qualifying trigger
Clinton
71 of 136
LOC - standard of control - act
S54(1)(c)
72 of 136
LOC - age and gender
Camplin
73 of 136
LOC - normal degree of tolerance and self-restraint
Mohammed
74 of 136
LOC - circumstances
Gregson
75 of 136
LOC - intoxication is not an accepted circumstance, but if normal person would act in the same way while sober, defense is available
Asmelash
76 of 136
LOC - reacted in a similar way
Van Dongen
77 of 136
Diminished responsibility - act
Homicide Act 1957 and Coroners and Justice Act 2009
78 of 136
DR - legal test - act
S2(1) Homicide Act 1957 as amended by S52 Coroners and Justice Act 2009
79 of 136
DR - legal test
a) suffering from an abnormality of mental functioning, b) recognized medical condition c) substantially impairs the D's ability to -understand the nature of their conduct, -form a rational judgement, -exercise self-control, d) amf provides an explai
80 of 136
DR - abnormality of mental functioning - definition
State of mind so different from that of the ordinary person that the reasonable person would consider it abnormal - Lord Parker CJ
81 of 136
DR - AMF does not have to be present since birth
Gomez
82 of 136
DR - depression
Gittens
83 of 136
DR - irresistible impulses
Byrne
84 of 136
DR - battered wife syndrome
Ahluawalia
85 of 136
DR - alcohol dependency syndrome
Stewart
86 of 136
DR - paranoia
Simcox
87 of 136
DR - adjustment disorder
Dietschmann
88 of 136
DR - understand nature of conduct
Stewart
89 of 136
DR - form rational judgement
Simcox
90 of 136
DR - exercise self-control
Byrne
91 of 136
DR - more than minimal or trivial substantial impairment
Golds
92 of 136
DR - casual link between amf and act/ omission
S2(1) Homicide Act 1957
93 of 136
DR - significant contributing factor
S1B Homicide Act 1957
94 of 136
UAM - legal test
a) unlawful act, b) objectively dangerous, c) cause of death, d) mens rea of the unlawful act
95 of 136
UAM - unlawful act, not a tort
Franklin
96 of 136
UAM - positive act, not an omission
Lowe
97 of 136
UAM - must satisfy all elements of the unlawful act
Lamb
98 of 136
UAM - reasonable and sober person recognises the risk of some harm from D's conduct
Church
99 of 136
UAM - doesn't need to be specific harm
JM and SM
100 of 136
UAM - reasonable and sober person would be aware of the V's obvious vulnerability
Watson
101 of 136
UAM - reasonable and sober person would be unaware of the V's vunerability
Dawson
102 of 136
UAM - D's act not aimed at the actual V
Larkins
103 of 136
UAM - D's act aimed at an object
Goodfellows
104 of 136
UAM - usual rules of causation
Attorney General's Reference (No 3 of 1994)
105 of 136
UAM - D must have mens rea of the unlawful act
Lamb
106 of 136
UAM - transferred malice
Mitchell
107 of 136
UAM - D does not have to foresee harm or be aware the act is dangerous or unlawful
Newbury and Jones
108 of 136
Theft - act
Theft Act 1968
109 of 136
Appropriation - act
S3
110 of 136
Theft - D assumes right of an owner
Morris
111 of 136
Theft - V doesn't need to be deprived of property
Pitham
112 of 136
Theft - going beyond permissions granted by owner
Lawrence
113 of 136
Theft - consent obtained fraudulently
Gomez
114 of 136
Theft - accepting property from someone they know is vulnerable
Hinks
115 of 136
Theft - property act
S4
116 of 136
Theft - information is not property
Oxford v Moss
117 of 136
Theft - wild flowers aren't property, unless sold
S4(3)
118 of 136
Theft - wild animals aren't property
S4(4)
119 of 136
Theft - belonging to another act
S5
120 of 136
Theft - D can steal own property
Turner (No 2)
121 of 136
Theft - D can steal property already stolen
Kelly and Lindsay
122 of 136
Theft - D can steal property the owner doesn't know they own
Woodman
123 of 136
Theft - property received under obligation
Davidge v Bunnet
124 of 136
Theft - legal obligation to return property obtain by mistake
Attorney General's Reference (No 1 of 1983)
125 of 136
Theft - dishonesty act
S2
126 of 136
Theft - D believes they have a legal right to the property
S2(1)(a)
127 of 136
Theft - D believes the V would have consented
S2(1)(b)
128 of 136
Theft - D believes they couldn't find the V by taking reasonable steps
S2(1)(c)
129 of 136
Theft - still dishonest if D is willing to pay
S2(2)
130 of 136
Theft - Ivey Test
a) D has knowledge of the facts of the case, b) the reasonable and honest person would consider the D's actions dishonest
131 of 136
Theft - intention to permanently deprive act
S6
132 of 136
Theft - D treats property as their own regardless of the rights of the owner
Lavender
133 of 136
Theft - still intention to permanently deprive if the D offers to return the property, subject to conditions
Raphael and another
134 of 136
Theft - if D cannot return the property in it's exact condition it's an intention to permanently deprive
Velumyl
135 of 136
Conditional intent can be attempted theft
Attorney General's Reference (No 1 and 2)
136 of 136

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Card 2

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Series of events

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Le Brun

Card 3

Front

Transferred malice

Back

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Card 4

Front

Factual Cause

Back

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Card 5

Front

Legal cause

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