Case table revision - Criminal law outlines exam prep! PDF

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Cases Issues Facts/ Information Principle/Commentary N-OAPATuberville v SavageAssault/ NFOAPWords indicating there will be no violence may prevent an act from being an assaultConstanza Assault/ NFOAPSent lots of letters. Letters could be an assaultFagan Assault/ Battery/ NFOAPAssault Cannot be commi...

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Cases N-OAPA

Issues

Tuberville v Savage

Assault/ NFOAP

Constanza

Assault/ NFOAP

Fagan

Assault/ Battery/ NFOAP

Facts/ Information

Principle/Commentary

Words indicating there will be no violence may prevent an act from being an assault

Sent lots of letters.

Letters could be an assault

Assault Cannot be committed by an omission. Battery can be a continuing act.

Smith

Assault/ NFOAP

Looking through window to scare woman. She sees him.

Must be to apprehend imminent or immediate unlawful violence, Must fear unlawful violence, unnecessary to carry it out

Venna

Assault/ NFOAP

MR of Assault

“An intention to cause the victim to apprehend imminent unlawful personal violence or recklessness as to whether that is caused”

Sprat

Assault/ NFOAP

Recklessness, foresight something might happen and carrying on. Foreseeing the victim may apprehend unlawful force.

Recklessness is to be given the Cunningham meaning, subjective.

Parmenter

Assault/ NFOAP

Followed Spratt

Wilson v Pringle

Battery/ NFOAP/ Assault

13 YO boys messing around in the playground. Hostility is disputed.

Thomas

Battery/ NFOAP `

DPP v Santa

Battery/

Hostility and intentional touching.

Touching of the clothing can be enough

Asked to turn out

Battery can be committed by an omission

Bermudez

Omission/ NFOAP

pockets. Needles in pocket. Omission as did not tell he had needles in pocket.

Dpp v K

Battery/ NFOAP

Acid in hand-dryer. Indirect force. Body/not body

No need for direct application force

Haystead v CC

Battery/ Indirect/ NFOAP

Hit mother, she dropped bay

Indirect force. Battery to baby.

Roberts

Causation/ NFOAP

In car with woman, unwanted sexual advances. Jumps out of car.

Can it reasonably be foreseen because of what the accused was doing.

Chan-Fook

ABH/ NFOAP

Ireland

ABH/ NFOAP

Lots of calls, silent at the end of them

Psychiatric harm/damage

Dhaliwal

ABH/ Assault/ NFOAP

Abused by husband, no named mental condition.

Psychiatric harm, must have a named psychiatric condition

DPP v Smith

ABH/ Assault/ S.20 GBH/ NFOAP

Cutting of hair, can be ABH

Grievous means really serious harm. Bodily harm not limited to injury.

Moriarty v Brooks

S.20 GBH/ NFOAP

Wound has a technical definition: Breaking of the skin

Cv Eisenhower

S.20 GBH/ NFOAP

Ruptured blood vessels are not a break of the continuity of the skin.

Bollom

S.20 GBH/ NFOAP

To determine seriousness the jury should Baby injured, some consider the effects on the victim including people more likely to be injured than others. age and health of the victim. Can factor in particular circumstances

Burstow

S.20 GBH/

Campaign of

Psychiatric harm can amount to ABH

Words and gestures alone can be enough.

NFOAP/ Assault

harassment, ended with psychological trauma and damage.

Psychological harm can be GBH if serious. Can be a GBH without battery

Brady

S.20 GBH/ NFOAP

Inflicting

Stranney

S.20 GBH/ NFOAP

Inflicting

Mowat

S.20 GBH/ Mens Rea/ NFOAP

The mens rea is the foresight of some harm or Cunningham recklessness as to whether that harm was caused.

It is not always necessary to specifically deal with the definition of the word maliciously in the OAPA. Constructive liability, AR and MR do not always correspond.

Clarence

S.20 GBH/ NFOAP/ HIV

Husband gave wife gonorrhoea

The conduct was not considered an offence under the OAPA

Dica

S.20 GBH/ NFOAP / HIV

Passed HIV to person.

Can be S.18 or S.20, more likely s.20. Consent could be a defence. Must explain and it must be free and informed consent.

Konzani

S.20 GBH/ NFOAP / HIV

Transmission of HIV

RvB

S.20 GBH/ NFOAP / HIV

Transmission of HIV

Purcell

S.18 GBH/ NFOAP

The meaning of intent in the OAPA, has the same meaning as Woollin

Taylor

S.18 GBH/ NFOAP

Must be an intent to cause GBH, not an intent to wound.

Gregory

S.18 GBH/ NFOAP

Rogers

NFOAP / Racial

Bloody foreigners has been held to be racially aggravated assault

AG’s Reference 4 of 2004

NFOAP/ Racial

Immigrant doctor

A v United Kingdom

Reasonable Chastisement/ NFOAP / Defence

Boy beaten with cane by stepfather

Reasonable chastisement was abolished in 2004. In this case it was inhumane and degrading treatment. Any disciplinary measures that occasion actual bodily harm, could potentially end with criminal sanctions.

Brown

Consent/ NFOAP / Defence

Sad-Masochism Regularly consented to sex acts. Police raided house. Morality in law. Cruelty v Private sexual relations. Lord Mustill dissents, private sexual relations are not compatible with hostility. Contrast with Wilson. Homosexual

Consent may be a defence to certain nonfatal offences against the person. However sexual pleasure is not a good reason for violent behaviour. Was not allowed as defence to S.20, injuries were not transient or trifling.

Coney

Consent/ NFOAP / Defence

Donovan

Consent/ NFOAP / Defence

Caning of a girl who consented to it. Consent not allowed

An illegal act is not rendered legal by consent.

AG’s Reference 6 0f 1980

Consent/ NFOAP / Defence

Two boys agree to have a fight. Both consented, one of them charged. Consent not allowed

The public policy grounds of; it is not in the public interest to have them commit actual bodily harm to one another. Can be allowed for sport, surgery, tattoo, piercing, must be for a good reason

Jones

Consent/ NFOAP / Defence

Two kids thrown in the air while playing in the playground. Not caught, not done deliberately.

Consent to rough and undisciplined play could be a defence to assault but this is for the jury to decide.

Wilson

Consent/ NFOAP / Defence

Branding of husbands initials on wife with consent. Went to doctor, doctor called police. Private and family life should be respected. Contrast with Brown

Consent allowed and must always be considered. The action equated to tattooing. Contrast with Brown. Involved no aggression or S+M element.

Cannot consent to unregulated fighting.

Emmet

Barnes

Consent/ NFOAP / Defence

Consent/ NFOAP / Defence

Lighter fuel on chest and set alight. Engaged couple Punishment for what might happen, not what did happen.

Followed Brown not Wilson. The major point to consider for consent is the degree of serious injury or death.

Sporting activities. Mostly the police do not interfere, left to the body of the sport.

Must be serious for the actions to be classed as criminal. Often left to the disciplinary body of the sport.

More likely serious injury, the less likely the defence will be allowed.

Cases Thef

Issues

Facts/ Information

Principle/Commentary

Morris

Appropriation / Theft/

Two prices on pork, changed the cheap price on the expensive pork. Adverse interference, something negative

An appropriation is the assumption of any rights of the owner. Used to be an assumption of all the rights.

Lawrence

Appropriation / Theft

Taxi driver takes student, says it will be expensive. Said £1 note is not enough, and takes a £5 note from his wallet. Fare should have been 52P.

An appropriation can be made with consent. No longer needs to be adverse, as it was under Morris.

Gomez

Appropriation / Theft Appropriation / Theft/ Belonging to another

Hinks

Appropriation can be made with consent Woman friends with old and stupid man. She received money from him with his consent. Charged with theft of the money and theft of a TV. A gift by appropriation. Property must belong to another

A gift can amount to an appropriation. Dodgy decision, theft hinges on dishonesty Messes up the law. The civil and criminal law do not align. In civil law this would have been treated as ownership. Had in effect stolen her own money. Willingly gave over legal title of the money Judges did not like what she had done. Appropriation is a neutral act, passed from one to another. Can be theft without loss. Hinks widens the act of passing from one to another

Wheatley

Appropriation / Theft

Kohn

Appropriation / Theft/ Money

Oxford

Appropriation

Privy Council

Endorsed the view taken in Hinks

Accountant draws Money, unless in cash, is a thing in action. This is a debt between the bank and the cheques on the payee. company’s debts. Kohn drew cheques to Lost the right to sue the bank for the debt. meet personal liabilities. A thing in action cannot be seen or Reduced the amount of the companies bank touched but can be stolen. account Stole exam papers, The conduct was condemned but it did not

/ Information/ Theft

read the question and returned them.

fall within the definition of intangible property. Information cannot be stolen.

Turner

Meredith

Belonging to another/ Theft

Belonging to another/ Theft

Took car for repair. Did not pay and took the car from the garage at night. Liable for the theft of his own car.

Belonging to another means having a proprietary right or interest.

Went to the car impound and removed own car without police knowledge or permission or realising.

Police had a legal right to enforce the charge, but not to keep the car.

Garage had possession or control until paid for.

Was not theft, there was no proprietary interest.

AG Reference 1 0f 1983

Belonging to another/ Mistake/ Restoration/ Theft

Wrong salary paid into bank account. Kept the money.

Legal obligation to restore the mistake.

Gilks

Belonging to another/ Mistake/ Restoration/ Theft

Bet on horse. Bookmaker overpays. S.5(4) TA applied.

Betting transactions are not applicable at law and therefore not guilty.

Feely

Dishonesty/ Theft

Ghosh

Dishonesty/ Test for dishonesty/ Theft

Dishonesty in S.2 TA refers to the state of mind of the accused, this is a question of fact for the jury. Objective and subjective. State of mind not the conduct. Jury set the standard and measure the defs actions against this.

Roberts

Dishonesty/

Second limb of test

1)The jury, applying their own standards, must decide whether they thought the actions of the accused were honest or dishonest. (Objective) 2)If the jury find that according to their own standards the accused was dishonest, they must establish whether the defendant knew that ordinary people would have regarded such conduct as dishonest. (Subjective)

The second limb of the Ghosh test need

Test for dishonesty/ Theft

only be put to the jury, if the accused has stated that he thought his actions were honest.

Wood

Dishonesty/ Test for dishonesty/ Theft

Confirms Roberts.

Confirms approach in Roberts

DPP v Lavender

Mens Rea/ Intention to permanently deprive/ Theft

Took doors from other council property to repair his own door on own council property.

To treat the thing as his own to dispose of regardless of the others rights.

Transferred without the permission of the owner.

Have to ask possessor.

Selling of unexpired London Underground.

To treat the thing as his own to dispose of regardless of the others rights.

LU have exclusive jurisdiction to sell LU tickets.

At all times the tickets are in the possession of LU. Temporary deprivation.

Marshall

Mens Rea/ Intention to permanently deprive/ Theft

Guilty of theft.

Interfering with the running of London Underground. Raphael

Mens Rea/ Intention to permanently deprive/ Theft

Setup for potential purchaser to view a car and then mugged him and git the car without paying.

Intention to deprive temporarily is sufficient. Cannot steal and sell back to the original owner. S.6(1) Permanent/Temporary deprive.

Tried to sell back to the original owner.

Lloyd

Mens Rea/ Intention to permanently deprive/ Temporary deprive/ Theft

Cinema reels stolen, taken home, recorded and brought back in the same condition as taken.

The reels had not lost value by borrowing. Must lose value for it to be theft. If lost value then would be to permanently deprive.

Easom

Mens Rea/

Picked up handbag

Conditional intention will not be enough.

Intention to permanently deprive/ Theft

rummaged through contents and put bag back. Took nothing. COA quash conviction.

Must be actual intention.

Troughton

Making off without payment/ Theft

Taxi driver, had argument with passenger about directions and drove passenger to police station.

Journey not complete so could not lawfully demand the fare.

Mcdavit

Making off without payment/ Theft

Argument about a bill in a restaurant. Police called and man sat in toilet.

You have to leave the restaurant to be making off.

Aziz

Making off without payment/ Theft

Taxi fare case.

Does not require spot to be identified.??????

Vincent

Making off without payment/ Theft

????

Allen

Making off without payment/ Theft

£1000 bill in hotel. Left without paying and genuinely hoped to be able to pay.

????

Intention to avoid, payment must not just be a delay, must be a permanent intention to avoid payment.

Cases Robbery

Issues

Facts/ Information

Principle/Commentary

Corcoran v Anderton

Robbery/

A hits woman and tries to steal handbag. Did not get handbag and woman falls over.

Must prove theft first for it to be a robbery. Complete when the theft is complete. Can be unsuccessful. Touching is enough to make the appropriation and therefore the robbery.

Dawson and James

Force/ Robbery

Man pushed off balance and wallet stolen.

Force does not mean violence. A small amount of force, providing it furthers the theft, will amount to a robbery.

Clouden

Force/ Robbery

Victim hit from behind. Grabbed basket from hand and ran off with it. Argued it was not robbery, did not touch the person.

Causing force on property that causes force on a person is sufficient. Clarifies it is still force needed to be a robbery.

B and R v DPP

Force/ Robbery

10 kids surround a boy and ask for his money. Boy was not scared and did not fight back. Took his money.

No need to show the victim felt threatened. Implied threat of force. No requirement for overt force.

Hale

Force/ Robbery

Two people broke into a house, one held hand over mouth and the other took the jewellery. Appropriation at one point and the force at another.

Immediately, before or at the time of stealing. Appropriation can be a continuing act. It continued the entire time they were in the house.

Khan

Force/ Robbery

Withdrew cash to give to D at the request of D because he feared D would be attacked by a violent person.

Then and there subjected to force. Must be evidence that then and there, would have been subjected to force. Force must be used in order to steal. Quashed robbery conviction.

Collins

Entry/ Mens Rea of Trespasser/ Burglary

Naked except for socks, erect penis, invited in and had sex. Switched on the light and not boyfriend as she thought. Was he a trespasser? Conviction quashed

Must know he is a trespasser, intentionally knowingly enters without consent or recklessly as to whether the consent provided. Must be a substantial entry into bedroom without consent. MR of Trespasser: 1)Enters knowing he does not have consent 2)Is reckless as to whether he has consent.

Brown

Entry/ Burglary

Got half his body through the shop window and got hand in.

Entry must be substantial and effective. Could be a burglary.

Ryan

Entry/ Burglary

Hand and head stuck through window, had to be removed by fire brigade. Appeal dismissed.

Partial presence is enough to constitute an entry and providing he could steal something then this would be considered an entry.

Horncastle

Entry/ Burglary

Put keys near front door and people stole stuff over-night.

Part of a body must enter the building for it to be a burglary. Must be an intention to commit the offence.

Hooked keys through the letterbox.

Jones and Smith

Entry/ Burglary

Enter house of father with permission and take two TV’s. Exceeded permission to be in the house. Appeal dismissed

Can exceed the permission to be somewhere, like behind a bar in a pub.

Stevens v Gourlay

Part of a building/ Sexual offences/ Burglary

B and S v Leathley

Part of a building/ Burglary

2 Foot freezer sat in farmyard. Weighed three tons.

Was considered a building, although gave no definition of building.

Walkington

Part of a building/ Burglary

Went behind the till in a shop. Prohibition from the area was implied.

Perhaps do not have the permission to enter part of the building. Person must know they were a trespasser or were reckless as to trespass. Implied knowledge of area being prohibited.

DPP v Ray

Actus Reus/ False representation / Fraud

Ordering food in a restaurant

Considered a representation to pay for the meal when you order it. Must make a change of intention not to pay clear.

Harris...