Chapter 10: Criminal Case Law and Precedent

Flashcards covering criminal case law and precedent, including homicide, assault, theft, sentencing, evidence rules, Corner House, and professional conduct.

Are murder and manslaughter statutory offences or common law offences?

They are common law offences (not statutory).

What is Coke's definition of murder?

Unlawful killing with malice aforethought.

How is involuntary manslaughter defined, and which cases are associated with it?

It is defined as an unlawful, dangerous act causing death (Goodfellow, Bristow), where there is no malice.

How is harm defined under OAPA 1861 s 47 according to the case of Donovan?

Harm is more than transient and trifling.

What non-traditional forms of harm are included under assault occasioning ABH (OAPA 1861 s 47)?

Cutting hair (DPP v Smith) and psychiatric injury.

What is the statutory definition of theft under Theft Act 1968 s 1?

A person is guilty of theft if they dishonestly appropriate property belonging to another with the intent permanently to deprive.

According to the case of Ibrahim, how does the court view the claim 'I was only borrowing' in theft cases?

The claim rarely convinces.

What are the five purposes of sentencing?

Punishment, reduction of crime, reform and rehabilitation, protection of the public, and making good to victims.

What are the four levels of the sentencing ladder?

Discharge, fine, community sentence, custody.

According to Sentencing Council guidelines and Maxwell, what factors are balanced in sentencing?

Culpability and harm, plus totality and mitigation.

Under PACE 1984 and CJA 2003, when must confessions be excluded from evidence, and who bears the burden of proof?

Confessions are excluded if obtained by oppression or in circumstances making them unreliable, even if true; the prosecution must disprove this (Roberts).

Must a confession be made directly to the police to be covered under the evidence rules?

No, a confession need not be to the police.

What is the test for the admissibility of unlawfully obtained evidence under PACE s 78 and Stewart?

The test is fairness (PACE s 78), not unlawfulness (Stewart).

What does the CJA 2003 permit regarding previous convictions under Hassan Mohammed, and what rule still applies?

It lets the prosecution adduce bad character (Hassan Mohammed), while the golden thread (Woolmington) still applies.

What was decided in the Corner House case regarding prosecutorial duties?

The Serious Fraud Office (SFO) dropped a corruption probe for national security reasons, and the House of Lords upheld the decision on a leapfrog appeal from the Divisional Court, demonstrating that courts are reluctant to impose prosecutorial duties.

Which duty takes precedence when there is a conflict in professional conduct duties?

The public interest prevails.

What are the rules of professional conduct if a client tells their lawyer 'I did it'?

The lawyer may continue to act, confidentiality applies, and it is not a formal confession (only a court decides guilt). The lawyer may put the prosecution to proof and test evidence, but cannot advance a positive case of innocence or call the client to give false evidence.

What right do suspects have regarding speaking during criminal procedures?

Suspects have an absolute right to silence.