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Decks in this class (126)
Voluntariness principle
What is a requirement of the actu...,
Why is a requirement of the actus...,
When may the actus reus not be sa...
5
cards
Hill v Baxter
What were we told from the case o...
1
cards
Factual causation
How is factual causation determin...,
In what case was the but for test...
2
cards
Legal Causation
What must the court determine aft...,
What is the test for legal causat...,
What case was the principle for l...
3
cards
Intervening acts
When can the chain of causation b...
1
cards
Acts of a third party
When will the act of a third part...,
What happened in r v pagett 2
2
cards
Medical negligence
When will medical treatment break...,
What is a case where the chain of...,
What is a case where the chain wa...
3
cards
Acts of the victim
When will the chain of causation ...,
What is an example of when the ch...,
What is an example of when the ch...
3
cards
The thin skull rule
What does the thin skull rule mean 1,
In what case was the thin skull r...
2
cards
Omissions
In criminal law what does liabili...,
What case was this principle illu...,
When can criminal liability arise...
3
cards
Situations where a duty to act exists
What have the courts recognised 1
1
cards
Duty arising from statute
When might a duty arise 1,
What is a case example of when a ...
2
cards
Duty arising from a contractual obligation
When might a duty arise 1,
What is an example of a duty aris...
2
cards
Duty arising from a special relationship
When might a duty arise 1,
What is an example of a duty aris...
2
cards
Duty arising from a voluntary assumption of care
When might a duty arise 1,
What is an example of a duty aris...,
How do you recognise a voluntary ...
3
cards
Duty arising from creating a dangerous situation
When might a duty arise 1,
What is an example of a duty aris...
2
cards
Duty arising from an official position
When might a duty arise 1,
What is an example of a duty aris...
2
cards
Direct Intent
When does direct intention occur 1,
What case was direct intent shown...
2
cards
Oblique intention
When does oblique intent arise 1,
In what case was the principle of...
2
cards
Recklessness
When is a defendant reckless 1,
What type of test is recklessness 2
2
cards
Transferred malice
When does transferred malice occur 1,
When transferred malice is presen...,
What case is the principle of tra...
3
cards
Evaluation of transferred malice
What does the doctrine of transfe...,
What does this rule promote 2,
Why has transferred malice been c...
5
cards
Strict liability
What are strict liability offences 1,
In a strict liability offence whe...,
What are strict liability offence...
5
cards
Public safety offences
What do public safety offences ai...,
What are examples of public safet...,
What is a case where a public saf...
3
cards
Regulatory offenses
What is strict liability frequent...,
What do regulatory offences ensure 2,
What is an example of a case wher...
3
cards
Environmental and pollution offences
Where is strict liability often u...,
What do environmental and polluti...
2
cards
Reasons for strict liability
What are 3 reasons for strict lia...
1
cards
Evaluation of strict liability
Why can strict liability offences...,
What is the benefit of removing t...,
Why has strict liability been cri...
4
cards
Coincidence of the actus reus and mens rea
What is required in most criminal...,
Where was the coincidence princip...,
Similarly in r v thabo meli what ...
4
cards
Common assault
What is common assault governed by 1,
What is the first step in answeri...
2
cards
Actus reus
What is the actus reus of an assa...
1
cards
An act
What does the actus reus of an as...,
What may the defendants conduct c...,
What are case examples of an act 3
3
cards
Apprehend
What must the victim apprehend 1,
What happens if the victim knows ...
2
cards
Immediate
What does immediate mean 1,
What does imminent mean 2,
In what case was imminent force d...
3
cards
Unlawful force
What does force refer to 1,
Does the victim have to fear inju...,
What does it mean by the force ha...
3
cards
Causation
When do you apply causation in an...
1
cards
Tuberville v Savage
What were we told in tuberville v...
1
cards
Mens rea
What is the mens rea of an assault 1
1
cards
Actus reus of battery
What is the actus reus of battery 1
1
cards
Application
How can the application of unlawf...,
Direct application of force 2,
Indirect application of force 3
6
cards
Unlawful force
Does the application of force nee...,
What does it mean by in some case...
2
cards
Mens Rea
What is the mens rea for battery 1
1
cards
Assault Occasioning Actual Bodily Harm
Where is assault occasioning actu...,
What are the requirements for an ...
2
cards
Actual
What does it mean that the harm m...,
What was established in r v miller 2
2
cards
Bodily
What can bodily include 1,
Can minor injuries amount to bodi...
2
cards
Harm
What is harm 1,
Is pain necessary for establishin...,
What should you do after establis...
3
cards
Mens Rea
What is the mens rea of abh 1
1
cards
Section 20 OAPA 1861
What is the actus reus to satisfy...
1
cards
Wound
What does a wound require 1,
Can a small break in the skin amo...
2
cards
GBH
What does grievous bodily harm me...,
What happens when deciding whethe...,
Can serious psychiatric injury am...
4
cards
Inflict
What does inflict mean 1,
For the defendant to have inflict...,
In what case was this illustrated 3
3
cards
Causation
Does causation need to be satisfi...
1
cards
Mens Rea
What is the mens rea required to ...,
Can section 18 be considered 2,
What is the difference in the men...
4
cards
Section 18 OAPA 1861
What is the actus reus that will ...,
What is the mens rea that will sa...
2
cards
Murder
Where does the law for murder com...,
What did lord coax define murder ...,
How many requirements does the ac...
3
cards
Unlawful killing
What is the first requirement of ...,
What must the death be caused by 2,
What is a case example of murder ...
6
cards
Reasonable creature in being
What is the second requirement of...,
Is a foetus considered a human be...
2
cards
Under the Kings peace
What is the third requirement for...,
How is this requirement satisfied 2
2
cards
Mens Rea
What is the mens rea for murder 1,
What are the two types of malice ...,
When does express malice occur 3
5
cards
Diminished responsibility
Where is the partial defence of m...,
What should you do before setting...
2
cards
Does the defendant have an abnormality of mental functioning?
What is the first requirement of ...
1
cards
Is the defendants abnormality of functioning caused by a recognised medical condition?
What is the second requirement fo...,
What does a recognised medical co...,
What must the condition affect 3
11
cards
Does the defendant's abnormality of mental functioning cause a substantial impairment to the defendant's ability do 1 or more things set out in subsection 1(A).
What is the third requirement of ...
1
cards
Substantial
What does substantial mean 1
1
cards
Impairments
What must the defendants abnormal...,
Understand their conduct 2,
Form a rational judgement 3
4
cards
Does the defendants abnormality of mental functioning provide an explanation for the conduct?
What is the final requirement for...,
What does this mean 2
2
cards
Intoxication
What happens if the defendant is ...
1
cards
Burden of proof
What is the burden of proof for d...
1
cards
Loss of control
Where is loss of control set out 1
1
cards
Has the defendant lost control?
What is the first requirement for...,
What does it mean that the defend...,
Does the loss of control need to ...
4
cards
Was the defendants loss of control the result of a qualifying tigger?
What is the second requirement of...,
What are the 2 types of qualifyin...,
Can it be a combination of both 3
3
cards
Fear trigger
When does the fear trigger apply 1,
What type of test is the fear tri...,
When can the defendant not rely o...
3
cards
Anger trigger
When does the anger trigger apply 1,
This means the conduct 2,
What must the defendant feel 3
6
cards
Would a person D’s sex and age with a normal degree of tolerance have acted in the same or a similar way to D
What is the third requirement of ...,
Where is this requirement set out 2,
What does this requirement mean 3
6
cards
Charge
What must the defendant put forwa...
1
cards
Establish whether D owed V a duty of care
What is the first requirement for...,
How is it established whether a d...,
Can a duty of care still exist if...
4
cards
Establish whether the defendant breached the duty of care
What is the second stage in gross...,
How will it be proven that the de...
2
cards
Was there a serious and obvious risk of death which is reasonably foreseeable
What is the third stage o gross n...,
What must the risk be specifically 2,
What is a serious and obvious risk 3
4
cards
The breach must cause the death of the victim
What is the fourth requirement of...
1
cards
What is the final stage of gross negligence manslagher?
What is the final stage for gross...,
How is this decided 2,
How serious was the risk 3
6
cards
The defendant must have committed an unlawful act which caused the death of the victim
What is the first stage for unlaw...,
What must the unlawful act be 2,
Can an omission form the basis of...
3
cards
The unlawful act must be a dangerous act
What is the second stage of unlaw...,
How is a dangerous act judged 2,
When is an act dangerous 3
4
cards
The unlawful act must cause the death
What is the third stage of uam 1
1
cards
The defendant must have the mens rea for the unlawful act
What is the final stage of unlawf...
1
cards
Automatism
What is automatism 1,
What is ism concerned with 2
2
cards
Did the defendant act involuntarily?
What is the first requirement of ...,
What must the defendants actions ...,
Application sentence 3
3
cards
Was the automatism caused by external factors?
What is the second requirement of...,
What do external factors include 2,
Can traumatic events amount to an...
5
cards
Self-induced
Can automatism be relied on if it...,
When may the defence still be ava...,
Application sentence 3
3
cards
Insanity
What is insanity 1
1
cards
The defendant must be suffering from a defect of reason
What is the first requirement for...,
What does a defect of reason requ...,
Application sentence 3
3
cards
The defendants defect of reasoning must be caused by a disease of the mind
What is the second requirement fo...,
What type of question is this 2,
What can a disease of the mind in...
5
cards
The defect of reason must cause the defendant to not know the nature or quality of the act or cause them not to know what they were doing was wrong
What is the third requirement for...,
What does it mean to not know the...,
What happened in r v oye 3
6
cards
Diabetes with insanity and automatism
Is diabetes a disease of the mind 1,
What is hyperglycaemia 2,
What does hyperglycaemia suggest 3
5
cards
Identify the type of offence
What is the first stage when esta...,
What is a basic intent offence 2,
What is a specific intent offence 3
3
cards
Identify the type of intoxication
What is the second stage in estab...,
What is voluntary intoxication 2,
What is involuntary intoxication 3
3
cards
Apply the rule for the type of offence and intoxication
What is the rule for basic intent...,
What is the rule for specific int...,
What is the rule for involuntary ...
3
cards
Dutch Courage
What is dutch courage 1
1
cards
Intoxicated mistakes
What happens if the defendant mak...,
What happens if the mistake preve...,
What happens when the mistake rel...
4
cards
Self-defence
What principle does self defence ...
1
cards
Was the force used necessary?
What is the first requirement for...,
What type of test is necessity 2,
Can the defendant rely on a mista...
5
cards
Was the force used proportinate?
What is the second requirement fo...,
What must the court decide 2,
How is this judged 3
8
cards
Duress by threats
When does duress by threats arise 1,
In what case are the requirements...,
What is duress by threats not a d...
3
cards
Was the threat to cause death or serious injury?
What is the first requirement for...,
What must the threat involve 2,
Is a threat of serious psychiatri...
6
cards
Was the threat directed towards the defendant or his immediate family or someone close to him?
What is the second requirement of...,
Who is someone close to the defen...
2
cards
Did the defendant act reasonably in the circumstances?
What is the third requirement of ...,
What must the threat have been 2,
How is this assessed 3
5
cards
Was the offence committed by the defendant directly caused by the threats?
What is the fourth requirement fo...,
What happened in r v cole 2
2
cards
Did the defendant have no other choice but to carry out the offence?
What is the fifth requirement for...,
What would the defendant be expec...,
What happened in r v gill 3
5
cards
The defendant must not have voluntarily laid themselves open to the threats
What is the final requirement for...,
When can the defendant not rely o...,
When does this apply 3
6
cards
Duress of circumstances
When does duress of circumstances...,
When is this defence available 2,
What happened in r v willer 3
5
cards
Distinguishing between defences
Exam paragraphs 1
1
cards
Theft
What type of crime is theft 1,
When is a person guilty of theft 2
2
cards
Actus Reus
What is the actus reus of theft 1
1
cards
Appropriation
Where is appropriation defined an...,
What does an owner have 2,
When can an appropriation occur 3
7
cards
Property
What must the appropriation be of 1,
What does property include 2,
What is money 3
12
cards
Belonging to another
When does property belong to anot...,
What does section 5 3 state 2,
What happens when property is rec...
3
cards
Mens rea
What is the mens rea for theft 1
1
cards
Dishonestly
What is the first requirement for...,
How is dishonesty assessed 2,
To fulfil the test in ivey v gent...
5
cards
Intention to permanently deprive
What is the second element of the...,
What does this mean 2,
How is intention shown 3
6
cards
Robbery
Where is robbery set out 1,
When will robbery be fulfilled 2
2
cards
Is there the use of force or threat of force on any person?
What is the first requirement for...,
How much force is required 2,
Who does the force need to be dir...
4
cards
Is the force/threat of force immediately at the time of stealing and in order to do so
What is the second requirement fo...,
How do the courts interpret this ...,
What must the force or threat be ...
4
cards
Intention
What must the defendant intent to...,
What does the defendant only need 2,
What happened in b and r v dpp 3
4
cards
Attempts
Where are the requirements for at...,
What does section 1 1 state 2,
What offences do attempts usually...
3
cards
More than merely preparatory
What does the actus reus of an at...,
What does more that merely prepar...,
What will the court consider 3
6
cards
Mens Rea
What is the mens rea for an attem...,
What is the mens rea for attempte...
2
cards
The impossible principle
What does section 1 2 and 1 3 of ...
1
cards
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Criminal Law
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