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Study sets matching "law cases defences"

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Study sets matching "law cases defences"

27 terms
Law cases: General Defences
1
Stermer v Lawson... Must fully understand…
Smith v baker... Must fully accept risk
ICI v Shatwell
Volenti
C borrowed motorbike, wasn't shown all of the risks - wasn't…
Crane carrying stones regularly swung above workers, stone dr…
Quarry workers went against rules, knew they could be sacked.…
1
Volenti
Stermer v Lawson... Must fully understand…
C borrowed motorbike, wasn't shown all of the risks - wasn't…
34 terms
Criminal Law - Defences - Cases
Test Insanity in bar of trial
amnesia not an appropriate ground for…
Insanity -Balance fairness to the accu…
Voluntary intoxication not accepted as…
HMA v Wilson accused deaf
Hughes v HMA
Russell v HMA
Brennan v HMA... Ross v HMA
Test Insanity in bar of trial
HMA v Wilson accused deaf
amnesia not an appropriate ground for…
Hughes v HMA
18 terms
Case Law for Defences
Ross v H.M.A
Cardle v Mulrainey
Brennan v H.M.A
Sorely v H.M.A
Total alienation of reason (Automatism)
Total alienation of reason means accused did not know what he…
Voluntary intoxication not a defence
Burden of proof is with the prosecution to prove beyond reaso…
Ross v H.M.A
Total alienation of reason (Automatism)
Cardle v Mulrainey
Total alienation of reason means accused did not know what he…
23 terms
Law Defences Cases - Unit 4
Sheehan and Moore
Majewski
AG for NI v Gallagher
Richardson and Irwin (intoxication)
Intoxication... Voluntary is a defence for specific intent crime…
Intoxication... Becoming voluntarily intoxicated is reckless beh…
Intoxication... Mens rea can not be formed before the intoxication
Intoxication... The jury must consider whether the defendant wou…
Sheehan and Moore
Intoxication... Voluntary is a defence for specific intent crime…
Majewski
Intoxication... Becoming voluntarily intoxicated is reckless beh…
31 terms
Law Defences Cases - Unit 3
Brown
Pretty
Olugboja
Burrell v Harmer
Consent... Cannot consent to harm - only assault and battery
Consent... Cannot consent to murder
Consent... Submission isn't consent as it must be real and genuine
Consent... Must have sufficient understanding and intelligence t…
Brown
Consent... Cannot consent to harm - only assault and battery
Pretty
Consent... Cannot consent to murder
54 terms
Law Unit 3 - Defences (cases)
Murder - Malice aforethought implied
DR - Abnormality of mental functioning
DR - Recognised medical condition
DR - Ability to exercise self control
Vickers
Byrne
Ahluwalia
Byrne
Murder - Malice aforethought implied
Vickers
DR - Abnormality of mental functioning
Byrne
15 terms
LAW03 Self- Defence Cases
Criminal Justice and Immigration Act 2…
Section 76 (2)
Section 76 (3)
Section 76 (4)
Put the common law rules on self defence on a statutory footi…
All three types of self defence - defence of self, others and…
It is to the jury/magistrates to judge if the force used was…
It is Ds genuine belief as to whether the force is necessary,…
Criminal Justice and Immigration Act 2…
Put the common law rules on self defence on a statutory footi…
Section 76 (2)
All three types of self defence - defence of self, others and…
72 terms
Defences: Cases
M'Naghten (1843)
R v Clarke (1972)
Bratty v AG for NI (1963)
R v Kemp (1956)
Defendant suffered from extreme paranoia. He thought he was b…
The defendant went into a supermarket and left without paying…
A disease of the mind is 'any mental disorder which manifeste…
Defendant suffered from arteriosclerosis (hardening of the ar…
M'Naghten (1843)
Defendant suffered from extreme paranoia. He thought he was b…
R v Clarke (1972)
The defendant went into a supermarket and left without paying…
11 terms
Criminal Law Cases: Partial Defences to Murder and Self-Defence
R v Byrne
R v Dowds
R v Golds
R v Dix
D was a sexual psychopath who said he couldn't control his ur…
D claimed to be a virtually paralytic drunk, and that this wa…
The CoA held that substantially impair means that the medical…
The court said that if there is no medical testimony, the def…
R v Byrne
D was a sexual psychopath who said he couldn't control his ur…
R v Dowds
D claimed to be a virtually paralytic drunk, and that this wa…
10 terms
AQA Criminal Law Cases - Defences - Duress
Abdul-Hussain
Martin
Ali
Bowen
The defence of duress by threat or circumstances was availabl…
The imminent peril of death or serious injury to the defendan…
Duress not available to members of violent gangs. The defence…
D's vulnerability or timidity are not to be ascribed to the r…
Abdul-Hussain
The defence of duress by threat or circumstances was availabl…
Martin
The imminent peril of death or serious injury to the defendan…
9 terms
Law- Self Defence Key Cases and Statutes
Williams
A-G's reference (no2 of 1983)
Clegg
Tony Martin
Facts: D made a genuine mistake about events when he stumbled…
Facts: D's shop had been targeted several times by looters du…
Facts: A soldier at a checkpoint in Northern Ireland tried to…
Facts: D lived on a farm prone to burglaries and was woken by…
Williams
Facts: D made a genuine mistake about events when he stumbled…
A-G's reference (no2 of 1983)
Facts: D's shop had been targeted several times by looters du…
27 terms
Defences Cases
M'Naghten Rules (1843)
Clarke (1972)
Hennessy (1989)
Kemp (1957)
Establishes the elements of insanity; defect of reason, disea…
Temporary absentmindedness is not sufficient for insanity
Failure to take insulin meant that is was the diabetes that c…
Arteriosclerosis = lack of blood to brain, causing lapse of c…
M'Naghten Rules (1843)
Establishes the elements of insanity; defect of reason, disea…
Clarke (1972)
Temporary absentmindedness is not sufficient for insanity
26 terms
Criminal Law Cases: Self-Defence and Related Offences
Beckford v R
Sharman v HM Coroner for Inner North L…
R v Hatton
R v Oye
D thought a fugitive was armed, and when the fugitive looked…
A Scottish man walked into a pub with a table neck which was…
D was paraletically drunk, and killed a man. He said he must…
D had a mad delusion that he was under attack- the CoA held t…
Beckford v R
D thought a fugitive was armed, and when the fugitive looked…
Sharman v HM Coroner for Inner North L…
A Scottish man walked into a pub with a table neck which was…
93 terms
Defences Cases
Woolmington v DPP
R v Fontaine
R v Tavete
R v Wang
Golden thread of criminal law is that the burden of proof is…
The role of judge and jury The Judge is to determine prelimin…
T was convicted of killing a woman after he went to apologize…
Mrs Wang tied cord of bathrobe around husband's neck and stab…
Woolmington v DPP
Golden thread of criminal law is that the burden of proof is…
R v Fontaine
The role of judge and jury The Judge is to determine prelimin…
19 terms
Defences - Cases
Wang
Fairburn
Raroa
Witika
FACTS:... The defendant, Ms Wang, killed her husband and pleaded…
Reasonableness: "the third step is then to ask whether the fo…
FACTS:... Two men were convicted of the murder of two victims be…
FACTS:... Witika and Smith were charged with ill treatment, negl…
Wang
FACTS:... The defendant, Ms Wang, killed her husband and pleaded…
Fairburn
Reasonableness: "the third step is then to ask whether the fo…
10 terms
Cases to support defences
Diabetes
Arteriosclerosis
Epilepsy
Somnabulism
R V Hennessy (1989)... The defendant stole a car while in a hype…
R v Kemp (1957)... The defendant attacked his wife with a hammer…
R v Sullivan (1984)... The defendant punched and kicked the vict…
R v Burgess (1991)... The defendant attacked his girlfriend with…
Diabetes
R V Hennessy (1989)... The defendant stole a car while in a hype…
Arteriosclerosis
R v Kemp (1957)... The defendant attacked his wife with a hammer…
29 terms
Law Defences
Denial of, or justification for, crimi…
Defence relies on the accused having a…
Defence raised by an accused which sta…
An accused person who suffered from a…
Defence
General Defence
Alibi
Mental Disorder
Denial of, or justification for, crimi…
Defence
Defence relies on the accused having a…
General Defence
46 terms
The Case for the Defence
trial
jurymen
dock
had struck
rettssak
jurymedlemmer
tiltalebenk
hadde slått
trial
rettssak
jurymen
jurymedlemmer
33 terms
Defence cases
Mental disorder - death and mute
Mental disorder- 13 year old boy
Mental disorder- amnesia not a defence
Diminished Responsibility - battered w…
Hma v Wilson 1042
Hma v S 1999
Hughes v Hma 2002
Galbraith v Hma 2001
Mental disorder - death and mute
Hma v Wilson 1042
Mental disorder- 13 year old boy
Hma v S 1999
The Case for the Defence
jurymen
trial
dock
strike
Dómnefnd
Réttarhöld
Bryggja
Slá/berja
jurymen
Dómnefnd
trial
Réttarhöld
24 terms
The case for the defence
To attend
Battered
Anxiety
To mute
Närvara
Slagen
Oro
Dämpa
To attend
Närvara
Battered
Slagen
136 terms
The case for the defence
Trial
Batter
Strictly speaking
Circumstantial evidence
Oikeudenkäynti
Hakata
Tarkkaan ottaen
Aihetodisteet
Trial
Oikeudenkäynti
Batter
Hakata
10 terms
The case for the defence
battered
stout
glove
to gaze
hurt by being repeatedly hit
solid-looking, especially around the waist
a piece of clothing that is worn on the hand and wrist for wa…
look at something or someone for a long time, especially in s…
battered
hurt by being repeatedly hit
stout
solid-looking, especially around the waist
General Defences Cases and Legislation
Beckford
Criminal Law Act 1967 s. 3(1)
Criminal Justice and Immigration Act 2…
Williams
defence have evidential burden (must show evidence of SD) wit…
SD can be used to prevent crime or assist arrest of offenders
applied to both common law and statutory defences of SD
if mistake as to necessity is reasonable and honest, SD is st…
Beckford
defence have evidential burden (must show evidence of SD) wit…
Criminal Law Act 1967 s. 3(1)
SD can be used to prevent crime or assist arrest of offenders
27 terms
The case for the defence
strange
trial
batter
dock
merkelig
rettsak
slå
(her:) tiltalebenk
strange
merkelig
trial
rettsak
27 terms
The case of the defence
Trial
Attended
Circumstantial evidence
Heavy stout
Rättegång
Närvarat
Indiciebevis
Satt, kraftig
Trial
Rättegång
Attended
Närvarat
9 terms
Law 03: Defences- Self-Defence
Introduction
Was force necessary?
IF Mistaken use of force
IF Genuine Mistake
This defence covers the actions needed to defend yourself or…
This is a question for the jury and will depend on the indivi…
If the D has made a mistake about what is happening to them/i…
In a situation such as this the D must be judges on the fact…
Introduction
This defence covers the actions needed to defend yourself or…
Was force necessary?
This is a question for the jury and will depend on the indivi…
24 terms
General Defences cases
Stermer v Lawson
Smith v Baker
ICI v Shatwell
Haynes v Harwood
C borrowed D's motorbike but was not shown how to use it so h…
C was injured at work when a stone fell out of a crane used b…
Cs were shotfirers employed by D. They were injured as a resu…
D left a horse-drawn van unattended in a crowded street. The…
Stermer v Lawson
C borrowed D's motorbike but was not shown how to use it so h…
Smith v Baker
C was injured at work when a stone fell out of a crane used b…
72 terms
Criminal Law: General Defences
R v Cole
R v Hasan
R v Valderamma Vega
R v Shayler
Duress: The threat must be accompanied by an order to commit…
Threat of immediate death or serious injury
Threat of death or serious injury — threats to reveal sensiti…
Threat of violence to the defendant or a person they have res…
R v Cole
Duress: The threat must be accompanied by an order to commit…
R v Hasan
Threat of immediate death or serious injury
12 terms
Defences (Property) cases
Graham (1982)
Valderama Vega (1985)
Bowen (1996)
Abdul-Hussain (1999)
Test for duress:... 1. Was D impelled to act as he did because h…
Victim threatened with disclosure of homosexuality... This was i…
Sets out the characteristics of the defendant that can be rel…
Plane hijackers... Although there was a lack of immediacy, the p…
Graham (1982)
Test for duress:... 1. Was D impelled to act as he did because h…
Valderama Vega (1985)
Victim threatened with disclosure of homosexuality... This was i…
24 terms
General Defences Cases
Stermer v Lawson
Smith v Baker
ICI v Shatwell
Bowater v Rowley Regis Corporation
Facts:Claimant was injured using D's motorbike ... Decision: Def…
Facts: C & other employees were aware of the cranes swinging…
Facts: Brothers were shot firers who ignored safety precautio…
Facts: Goddard LJ gave working in an explosives factory as an…
Stermer v Lawson
Facts:Claimant was injured using D's motorbike ... Decision: Def…
Smith v Baker
Facts: C & other employees were aware of the cranes swinging…
16 terms
Negligence General Defences Cases
Baker v Willoughby
Cavendish Funding Ltd v Henry Spencer…
Froom v Butcher
Jones v Boyce
C was 50% contributory negligent (ie both parties were equall…
C had been contributory negligent. The discrepancy between th…
'The question is not what was the cause of the accident, it i…
C acted reasonably in the 'agony of the moment' and therefore…
Baker v Willoughby
C was 50% contributory negligent (ie both parties were equall…
Cavendish Funding Ltd v Henry Spencer…
C had been contributory negligent. The discrepancy between th…
15 terms
Difficult cases in defences
Rootes v Shelton
O'connel v Jackson
Anderson v Newham College
Jayes v IMI Kynock
Barwick CJ identified that by engaging in sport the claimant…
Claimant contributed to damages by not wearing helmet as they…
Damages cannot be reduced 100% as contributory negligence onl…
Claimant checked unfenced machine which the CoA ruled to be u…
Rootes v Shelton
Barwick CJ identified that by engaging in sport the claimant…
O'connel v Jackson
Claimant contributed to damages by not wearing helmet as they…
12 terms
Volenti cases (defences)
Volenti
Stermer v lawson
Smith v baker
ICI v shatwell
Claimant freely and voluntarily with full knowledge of the ri…
Underestimated power of friends bike
Bricks landing on head
Explosion after ignoring instructions
Volenti
Claimant freely and voluntarily with full knowledge of the ri…
Stermer v lawson
Underestimated power of friends bike
29 terms
General Defences Cases
Consent
Morris v Murray
Bowater v Rowley Regis Corporation
Wooldridge v Sumner
Knew of the nature and extent of the risk; and ... Voluntarily a…
C must know of the risk and its extent. This is subjective -…
'A man cannot be said to be 'willing' unless he is in a posit…
Consent to risk of injury is insufficient, must consent to br…
Consent
Knew of the nature and extent of the risk; and ... Voluntarily a…
Morris v Murray
C must know of the risk and its extent. This is subjective -…
26 terms
Murder and its defences cases
Clegg
Attorney General Reference 3
Malcherek and Steel
Gibbins and Proctor
Murder... 'Unlawful killing'... No lawful excuse
Murder... 'Reasonable person in being'... Foetus
Murder... 'Reasonable person in being'... Brain dead
Murder... Omission... Relationship
Clegg
Murder... 'Unlawful killing'... No lawful excuse
Attorney General Reference 3
Murder... 'Reasonable person in being'... Foetus
6 terms
defences Automatism cases
Bratty
Broome v perkins
Quick
hill v baxter
An act which is done by the muscles without any control of th…
Loss of voluntary control
internal factors
external
Bratty
An act which is done by the muscles without any control of th…
Broome v perkins
Loss of voluntary control
10 terms
Law 04 - defences
Violent gang
Street fighting
Drink and drugs
Excessive force
Duress
Consent
Intoxication
Self defence
Violent gang
Duress
Street fighting
Consent
Law 03 General Defences
Insanity
Automatism
Consent
Voluntary Intoxication
McNaghten Rules 1843... 4 elements need to be proven... 1. Defect o…
...
...
...
Insanity
McNaghten Rules 1843... 4 elements need to be proven... 1. Defect o…
Automatism
...
6 terms
Defences Insanity cases
M'naughten rules
Clarke
Sullivan
Henessey
D is insane
...
...
...
M'naughten rules
D is insane
Clarke
...
16 terms
Law 03: Defences- Insanity
M'Naghten
The D must prove that:
3 Elements needed to be proved
Defect of Reason
The rules of insanity originate from this case. The explanati…
"...he was labouring under such a defect of reason , from a…
1. Defect of reason... 2. This must be the result of a disease o…
The D's powers of reasoning are impaired. If the D is capable…
M'Naghten
The rules of insanity originate from this case. The explanati…
The D must prove that:
"...he was labouring under such a defect of reason , from a…
24 terms
Law 03: Defences- Consent
Introduction
Slingsby (1995)
Tabassum (2000)
Olugboja (1982)
Consent can always be a defence to assault and battery. If th…
The V's consent meant that there was no battery and so the D…
The consent must be true. The women's consent therefore was n…
If the V submits to the D's conduct through fear then this is…
Introduction
Consent can always be a defence to assault and battery. If th…
Slingsby (1995)
The V's consent meant that there was no battery and so the D…
12 terms
Defences to Trespass to the person cases
Chatterton v Gerson
Sidaway v Governors of Bethlem Royal &…
Simms v Leigh Rugby football club
Condon v Basi
Facts: C lost feeling in leg following procedure. Sued becaus…
Facts: C was left paralysed, sued for battery because she was…
Facts: C's leg broken in rugby tackle... Decision: Injury was ou…
Facts: C injured due to unlawful and dangerous tackle in foot…
Chatterton v Gerson
Facts: C lost feeling in leg following procedure. Sued becaus…
Sidaway v Governors of Bethlem Royal &…
Facts: C was left paralysed, sued for battery because she was…
16 terms
Law 03: Defences- Intoxication
Introduction
The D is guilty or depends on
Specific intent crimes
Basic intent crimes
This defence covers of situstions of intoxicstion by alcohol,…
1. If the intoxication is voluntarily it involuntary ; and th…
Satisfied only through intention
Satisfied through recklessness or intention
Introduction
This defence covers of situstions of intoxicstion by alcohol,…
The D is guilty or depends on
1. If the intoxication is voluntarily it involuntary ; and th…
9 terms
Law 03: Defences- Automatism
Bratty v Attoryney-General for Nothern…
Non-insane Automatism
R v T
Attorney- General's reference (No. 2 o…
This case definded automatism as: "an act dine by the msucles…
This is a defence because the actus reus of this crime commit…
Exceptional stress can be an external factor that can cause a…
The CA held that there must be *"total destruction of volunta…
Bratty v Attoryney-General for Nothern…
This case definded automatism as: "an act dine by the msucles…
Non-insane Automatism
This is a defence because the actus reus of this crime commit…
8 terms
Defences for assault cases in delict (cases)
Cross v kirby
Cardle v Murray
Ross v Bryce
Ashmore v rocksteady security
Self defence ... One person attacks another with a bat the perso…
Self defence ... Resisting arrest when there was no lawful grou…
Went to house verbally abused was violent to his dog the hous…
Guy picked a fight with the bouncer, verbally abusing and hea…
Cross v kirby
Self defence ... One person attacks another with a bat the perso…
Cardle v Murray
Self defence ... Resisting arrest when there was no lawful grou…
10 terms
Law unit 3 defences
Insanity
Defect of reason
Disease of the mind
Automatism
M'Naghten rules- 1. Defect of reason... 2. Cause by a disease of…
Clarke- more than absent mindedness or confusion
Legally not medically, can be mental or physical (Sullivan ep…
EXTERNAL CAUSE e.g. swarm of bees, diabetic not eating enough…
Insanity
M'Naghten rules- 1. Defect of reason... 2. Cause by a disease of…
Defect of reason
Clarke- more than absent mindedness or confusion
12 terms
Criminal cases - defences to assault
R v Jones
R v Aitken
R v Barnes
AGs Ref No6 of 1980
Defence of rough horseplay - schoolboy bumps
Defence of rough horseplay - RAF officers, 'flame resistant'…
Sport injuries okay as public interest. Late tackle
Fighting is not in public interest
R v Jones
Defence of rough horseplay - schoolboy bumps
R v Aitken
Defence of rough horseplay - RAF officers, 'flame resistant'…
11 terms
Law: Tort - General Defences
Morris v Murray - claimant accepted a…
Dann v Hamilton - claimant accepted a…
Smith v Charles Baker - claimant injur…
ICI v Shatwell - claimant and his brot…
Consent: Knowledge of the risk (L)
Consent: Court held that, whilst there was knowledge of the r…
Consent: Voluntary acceptance of the risk - Employees do not…
Consent: Voluntary acceptance of the risk - They knew of the…
Morris v Murray - claimant accepted a…
Consent: Knowledge of the risk (L)
Dann v Hamilton - claimant accepted a…
Consent: Court held that, whilst there was knowledge of the r…
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