Law - Unit 1 - Cases

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Whiteley V Chappell
D impersonated dead person, not guilty, as dead person "not entitled to vote"
1 of 30
London & North Eastern Railway Co v Berriman
Wife unable to get compensation as Berriman died while "maintain" the track rather than "relaying or repairing" which would've required a lookout.
2 of 30
Fisher V Bell
Flick knives for sale in shop window were invitaion to treat not "an offer for sale" which was banned by the act
3 of 30
R v Allen
Can't marry if you're already married but court held that 'marry meant to go through a ceremony of marriage' and therefore Allen was guilty
4 of 30
Adler v George
Act made it an offence to be in 'the vicinity of a prohibited place', d arrested inside place but Lord Parker held that in the vicinity of could mean 'being in or around prohibited place'.
5 of 30
Sigsworth
son who murdered his mother was prevented from inheriting this mothers money, even though he was next of kin, but court didn't want him to benefit from his crime as it would be absurd.
6 of 30
Smith v Hughes
words "solicting in the street" were held to include soliciting from a window of a house as aim of act was to prevent people to not be hassled in public places.
7 of 30
Royal College of Nursing v DHSS
decided nurses could administer labour inducing drugs provided a doctor had given instruction to do so to prevent mischief of back street abortions.
8 of 30
Pepper v Hart
Case concerned taxable benefits under the finance act 1976. Court referred to the statements made in parliament by the finance minister to discover parliaments intention
9 of 30
Jones V Tower Boot Co.
decided that racial harassment by employees was "in the course of employment" so the employer was liable as the acts intention was to make employers more proactive about dealing with racial abuse.
10 of 30
R (Quintavelle) v Secretary of State
decided that organisms created by cell nuclear replacement came within the definition of 'embryo'
11 of 30
Vaughan v Vaughan
used dictionary to interpret the term molest and decide if it included D pestering his ex-wife by coming to her home and workplace. Dictionary defined molest as 'vex, trouble, annoy or put to inconvenience' and decided d's behaviour was molesting.
12 of 30
Powell v Kempton Park Racecourse
"house, office, room or other place for betting" didn't include open aire betting on the racecourse as the places specified in the list were all indoor places.
13 of 30
R v Inhabitants of Sedgley
Act referred to "coal mines" and therefore provision couldn't apply to other types of mine.
14 of 30
Muir v Keay
'all houses, rooms, shops or building kept open for "entertainment during certain hours of the night" needed a license. D kept his cafe open at night without a license, court held that "entertainment" didn't just mean music and could include coffee
15 of 30
Howe
defence of duress not available for murder (OD - shouldn't be available for attempted murder either)
16 of 30
Smith
cutting off hair counts as ABH (OD - paint/substances would count as ABH too)
17 of 30
Herrington
child trespasser injured in railway line, occupier held liable after HoL overruled its previous decision.
18 of 30
Shivpuri
vegetable powder smuggled across border (D thought it was drugs). A person may attempt the impossible and be liable for trying.
19 of 30
R v R
marital **** - a man can be prosecuted for ****** his wife. HoL overruled old law to match social changes
20 of 30
Young v Bristol Aeroplane
Count of appeal can't overrule its own decisions unless: there are conflicting decisions, there's a SC decision that overrules an earlier decision of CA by implication or the decision was made per incurian
21 of 30
Parmenter
D injured baby hadling it roughly - CA had to decide which of the two conflicting decisions to follow.
22 of 30
Spencer
Ca has extra power to avoid its own decision in criminal cases if it would lead to an injustice towards the defendant.
23 of 30
Wilson
branded buttocks of partner - CA distinguished between brown because branding was seen as body art
24 of 30
Fairchild
fatal asbestos fibres - SC distinguished from Wilsher because employer had increased the risk of injury to claimant.
25 of 30
Hasan
availability of police protection in duress, disapproved Hudson, may allow departure from precedent in future cases
26 of 30
R v Eccles Justices
Legal advisor shouldn't have a role in Mags' discussions about their verdict
27 of 30
R v Bingham Justices
Demonstrates bias towards the police
28 of 30
DPP v Paul
Demonstrates benefits of mags local knowledge
29 of 30
R v Mirza
juror had been bullied in deliberations, when this came to light the HoL refused to intervene because what happens in the jury room is meant to be a secret.
30 of 30

Other cards in this set

Card 2

Front

Wife unable to get compensation as Berriman died while "maintain" the track rather than "relaying or repairing" which would've required a lookout.

Back

London & North Eastern Railway Co v Berriman

Card 3

Front

Flick knives for sale in shop window were invitaion to treat not "an offer for sale" which was banned by the act

Back

Preview of the back of card 3

Card 4

Front

Can't marry if you're already married but court held that 'marry meant to go through a ceremony of marriage' and therefore Allen was guilty

Back

Preview of the back of card 4

Card 5

Front

Act made it an offence to be in 'the vicinity of a prohibited place', d arrested inside place but Lord Parker held that in the vicinity of could mean 'being in or around prohibited place'.

Back

Preview of the back of card 5
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