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Criminal Law

Quiz yourself by thinking what should be in each of the black spaces below before clicking on it to display the answer.
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Case Name
Description
Melling v Mathghamhna   butter smuggling case - must consider moral quality of offence as well as severity of punishment  
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McLoughlin v Tuite   failing to comply with notice to deliver document to Revenue authorities  
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Gilligan v Criminal Assets Bureau   challenged proceeds of crime act  
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Engels v Netherlands   conscript soldiers had to be afforded article 6 guarantees  
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Clingham v Royal Borough of Kensington and Chelsea   ASBOs were civil not criminal  
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Gough v Chief Constable of Derbyshire   footbal banning orders were civil not criminal  
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Conroy v AG   disqualification following DUI conviction not considered part of the punishment for minor v non-minor distinction  
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King v AG   vague offences relating to vagrancy  
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Dokie v DPP   failing to provide immigration paperwork w/o satisfactory explanation  
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Douglas v DPP   offence of causing public scandal and njuring the morals of the community was void for vagueness  
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Shaw v DPP   offence of conspiring to corrupt public morals allowed as it was indictable  
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Cox v DPP   offence of openly, lewdly and obscenely exposing ones person held to be sufficiently precise  
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Corway v Independent Newspapers   constitutional offence of blasphemy too vague  
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DPP v Forsey   presumption that payment to public official are deemed to be corrupt found to be constitutional  
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Fagan   driving car over foot considered a continuing act  
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Kaitamaki   held sexual intercourse to be a continuing act only ending with withdrawal  
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Thabo Meli   victim actually killed by exposure following being put over cliff  
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R v Miller   fell asleep while smoking cigarette  
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R v Larsonneur   French woman brought to the UK by British police charged with being an illegal alien in the UK  
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Winzar v CC of Kent   convicted of being found drunk on the highway following forced removal from hospital  
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Kilbride v Lake   warrant of fitness disappearing from car held not to be within conduct, control or knowledge  
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CC v Ireland   lack of defence of mistake as to age for statutory rape found unconstitutional  
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R v Paine   no obligation to protect a stranger (drinking poison)  
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Sweeney v Ireland   withholding information under section 9 Offences Against State (Amendment) Act found unconstitutional  
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R v Gibbons and Proctor   defendant and common law wife failed to feed man's child who subsequently died of starvation  
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R v Hood   convicted of manslaughter by gross negligence after failing to summon ambulance in time for wife who fell and broke a number of bones  
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People (DPP) v O'Brien   state claimed husband had a duty to protect his wife from attack  
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R v Instan   did not feed sick aunt, or seek medical attention or tell anyone  
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R v Stone and Dobinson   Man and mistress convicted of manslaughter following sister's death  
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R v Taktak   assumed responsibility for prostitute by isolating her from others' assistance  
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DPP v Santa-Bermudez   failure to warn of needle amounted to assault and battery  
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R v Dytham   policeman who stood by while a member of the public was violently assaulted was guilty of wilful misconduct in public office  
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R v Pittwood   railway gatekeeper who failed to shut gate convicted of manslaughter based on contractual duty  
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Airedale NHS Trust v Bland   declaration it was lawful to stop feeding patient in a persistent vegetative state  
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In Re a Ward of Court   true cause of death would not be withrawal of life support, but original injuries sustained  
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R v White   medical evidence showed woman's death was not due to poisoning  
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People (DPP) v Davis   sufficient for injuries caused to be related to death in a more than minimal way  
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R v Pagett   defendant kidnapped woman and used her as a human shield, resulting in death  
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R v Jordan   death not caused by original wound but injection of medicine to which the victim was allergic  
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R v Smith   soldier dropped from stretcher did not break chain of causation  
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R v Cheshire   would only be acquitted if medical staff had been reckless rather than merely incompetent and negligent  
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People (AG) v McGrath   movement of man attacked formed a normal link in the chain between the blow struck and death  
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R v Malcherek and Steel   bizarre to suggest that discontinuing medical treatment be said to have caused death of patient rather than initial injury  
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R v Blaue   woman died after refusing blood transfusion as she was a Jehovah's witness  
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R v Roberts   woman injured following jump from car after being sexually assaulted  
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R v Hart   natural intervention causing death after girl left unconscious on beach was reasonably foreseeable  
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People (DPP) v Murray   charge of capital murder following bank robbery  
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Hyam v DPP   convicted of murder as she knew it was probable setting fire to house would result in GBH  
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R v Moloney   drunkenly dared to pull trigger of gun - outcome must have been foreseen as a virtual certainty  
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R v Hancock and Shankland   taxi driver killed by falling concrete block - probability should be considered  
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R v Nedrick   man poured paraffin through letterbox and set it alight, resulting in death  
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People (DPP) v Douglas and Hayes   must have had intention to kill; reckless disregard of risk not enough - shooting with attempt to murder  
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Clifford v DPP   appeal against conviction of being rowdy with intention to provoke a breach of peace  
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DPP v Smith   applied objective standard to policeman thrown off car and killed - once a reasonable person would have realised their natural and probable consequence was to cause serious injury  
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R v Steane   not enough to show that defendant charged w/broadcasting with intention to assist the enemy knew that his broadcasts were likely to do so  
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People (DPP) v Hull   shotgun discharged at door killed man - must consider natural and probable consequences, and whether presumption had not been rebutted  
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Cunningham   gas meter torn from wall - must have actually foreseen consequences  
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Caldwell   set fire in hotel while drunk - risk would have been obvious to particular accused had they thought of it  
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Lawrence   reckless driving causing death - sufficient that a reasonable man would have seen the risk  
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Elliot v C (A Minor)   intellectually challenged girl convicted of arson  
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R v G and R   two young boys charged w/arson - overruled previous caselaw  
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People (DPP) v McGrath   reckless endangerment - subjective test for recklessness in Ireland  
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Sweet v Parsley   cannabis - wherever a statute is silent as to mens rea, there is a presumption that it exists  
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Gammon v AG for Hong Kong   builder who had deviated from plans in construction of building - strict liability  
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Reilly v Patwell   offence of failing to keep land free of litter one of strict liability  
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R v Eagleton   baker charged w attempting to obtain money fraudulently - no further steps required  
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The People v Thornton   inquiries about poisons that would bring on miscarriage - must go beyond mere preparation  
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AG v Sullivan   midwife had prepared false forms - endorsed proximity approach  
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R v Campbell   attempted bank robbery  
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R v Geddes   attempted false imprisonment  
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Mason v DPP   attempting to drive a vehicle while under the influence  
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R v Pearman   attempted GBH - oblique intention will suffice in England  
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Haughton v Smith   attempted handling of stolen goods legally impossible as police had taken ownership  
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R v Shivuri   attempts related to drugs even though packages did not actually contain such  
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Capaldi   incitement to carry out illegal abortion  
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R v Most   general publication calling for regicide  
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R v Jones   graffiti soliciting underage girls for sex  
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DPP v Armstrong   rang undercover officer asking for child pornography  
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R v Jones   intention inferred re: selling cannabis  
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R v Parnell   conspiring with others to encourage tenants not to pay their rent  
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R v Saik   conditional conspiracy of money laundering still valid  
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R v Porter   convicted despite incomplete knowledge of contents of package  
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R v Bolton   cross-dressers and suspected homosexuals charged with conspiring and inciting people to commit an unnatural offence  
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People (DPP) v Egan   made workshop available to store stolen jewelery  
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People (DPP) v O'Reilly   Irish case - drove getaway care, did not need to be present  
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AG's Ref (1 of 1975)   procured drink driving by spiking drink  
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R v Calhaem   hitman claimed he never intended to carry out murder and panicked - must simply be acting within scope of counselling  
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People (AG) v Ryan   group attacked rival group and one was stabbed - standing around could amount to knowingly giving aid or encouragement  
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DPP v Jordan and Deagan   encouraging cruel treatment of dogs  
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R v Stringer   chased victim who was subsequently killed  
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R v Clarkson   had not intended presence during rape to give encouragement  
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R v Bainbridge   must have knowledge of type of offence  
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DPP v Maxwell   enough that he knew it was one of a range of possible offences  
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The People (DPP) v Madden   victim machine-gunned to death - approved Bainbridge  
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People (DPP) v Pringle   capital murder inferred to be within scope of common design  
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People (DPP) v Doohan   intention to cause serious injury sufficient in common design - 'bit of a battering'  
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DPP v Rose   'mind the blood' too ambiguous to allow conviction of common design  
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Becerra   saying 'come on let's go' and jumping out window not sufficient withdrawal  
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