Flashcards
Case Law
Flashcards do conjunto (28)
- 1R v Howe 1987Duress is not a defence for murder.
- 2R v Gotts 1991Duress is not a defence for attempted murder
- 3R v Hasan 2005Prostitute driver whose bf threatened him with violence if he didnt commit a burglar. House of lords didnt allow defence of DURESS. Was self induced. All that was reasonable to foresee that he or she might be forced.
- 4R v Graham 1982Was threatened into killing his wife, court of appeal didnt regard the threats as sufficient the defence of duress. Used to make 2 part subjective and objective test. (Graham test). 1. Believed he/she/others would be killed or physically injured. 2. Would a sober person or reasonable firmness sharing the same characteristics of the defendant have acted in the same way?
- 5R v Evans ( Gemma) 2009Drug addict, sister gave her heriorn, victim OD'd charged with gross negligence manslaughter, C.A held Evans held a duty of care to her sister as she created the dangerous situation.
- 6R v Pitwood 1902Defendant employed as gate keeper at railway crossing, went for lunch left gate open, train came killed people. Convicted of manslaughter based on his faliure to carry out contracted duty of care.
- 7R v Miller 1983Squatter in flats fell asleep smoking, bed set on fire, woke up saw fire and just moved rooms. House of Lords held he had a duty of care once he knew about fire.
- 8R v Dythaman uniformed officer saw man being kicked to death did not intervene and drove away. Convicted of common law offence misconduct in a public place as he had neglected to act to protect the victim.
- 9R v Gibbons and ProctorDefendants + his wife failed to feed the mans 7 ear old child, died of starvation. C.A held where there is a duty to act failure to do so can head to liability even for murder if the necessary mens rea is present.
- 10DPP v TomlinsonPolice Powers, Reasonable suspicion, man stopped for walking aimlessly in a area known for drugs, officers tried to search him for drugs, he resisted arrested for assaulting an officer, Nolan LJ said officers had no reasonable suspicion for stop and search.
- 11Osman v DPP 1999section 60 gives authorisation to conduct searches. officers failed to give name and station Osman resisted arrest, Divisional court held that it made the arrest unlawful so Osmon could not be guilty (sc 20)
- 12R V Bristol 2007Officers failed to give name and station (sc 2)
- 13Gillan + Quinton V UK 2010SC 44 terrorism act, random stop and search, lengthy procedure
- 14Castorina V Chief- Constable of Surrey 1988Reasonable suspicion but unlawful arrest.
- 15O'Hara V Chief Constable Ruc 1997Officer himself had a lack of suspicion, Wording of PACE
- 16Ward V Cheif Constable of Avon + Sam 1986Rioting in Bristol, Lawful arrest
- 17Mohammed- Holgate V Duke 1984Jewellery stolen, Constable entitled to consider suspect is more likely to tell the truth at the station.
- 18Wood V DPP 2008Ashtray thrown at someone in a pub, Reasonable force by officer, no assault from suspect.
- 19Bibbly V Chief Constable of Essex 2000Breach of peace, Powers to arrest for breach of peace apply even if on a private premises.
- 20O'Loughlin V Chief Constable of Essex 1998Police forced in, no consent (sc 17). Unlawful entry.
- 21Jeffrey V Black 1978SC 18, Sandwhich theft- illegal search, found cannabis.
- 22R V Badham 1987Power to search premises must be exercised immediately following an arrest. Police can not return hours later - SC 32
- 23R v Longman 1988Difficult to gain entry to property undercover officer ,posed as delivery driver, burst in, lawful gaining co-operation of occupant. As they had reasonable grounds for believing they would of got rid of the drugs and put officers in danger.
- 24R V Samuel 1988In rare cases delay was justified, delay must be based on specific aspects of the case + not on general assumption, access to a solicitor lead to alerting of accomplices.
- 25R V Grant 2005illegal contact by police, deliberate interference murder conviction quashed due to this.
- 26R V Miller 1992Hostile questioning, Misconduct of interview. Quashed conviction of three men
(DETENTION + QUESTIONING) - 27R V Miller 1992The cardiff 3
13 hour interview
Oppressive confession - 28R V Richardson 2004GBH conviction quashed because oppressive, Denied access to a solicitor. Interviewed 9 times in 3 days, most of which were unrecorded. confessed because the police told him that he had a mental blockage and they could have him sent to a mental institution.
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- FlashCards sobre Case Law, criado por 20074425 em 23-01-2015.
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