law 02

30 cards·by JessicaYel

Study this deck

AR is defined in three ways ...

conduct circumstance consequence

acts must be voluntary (sneezing rendered his actions)

R v Whooley

circumstance only offence

Winzar

Duty arising from a contract (duty to keep users of the line safe)

Pittwood

Duty to limit accidental harm (failed to remedy the situation he created)

Miller

Duty to the public (failed to stop a situation whilst he was on duty)

Dytham

Duty from a statute

Road traffic act

Direct intention ..

Mohan

Indirect intention ..

Woolin

Subjective recklessness ..

Cunningham

Factual causation ..

White

Legal causation ..

Smith

Thin skull rule ..

Blaue

Poor medical treatment ..

Jordan

V's own actions ..

Roberts

Transferred malice ..

Mitchell

Series of acts ..

Thabo Meli

Continuing act ..

Fagan v Mpc

Right to bail

Act for bail

Bail is refused

Remand

Court imposes conditions - Curfew/tag

Conditional bail

No conditions

Unconditional bail

financial help

Legal aid

aim is to punish the offender

Retribution

aim is to change the offender

Rehabilitation

aim is to put people off committing crime

Detterance

the offender is meant to meet certain requirements of the community

Community sentence

removes offenders from society - most serious sentence

Custodial sentence

most common in mags

Fine

conditional and absolute

Discharge