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Flashcards in Last minute Law forgotten points Deck (26)
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1
Q

What act is an example of an omission due to act of parliament?

A

Children and Young Persons Act 1933

2
Q

What case defined intent for mens rea?

A

Mohan

3
Q

What are the types of intent?

A

Direct and indirect eg Matthews and Alleyne (thrown off bridge)

4
Q

What case set out the criteria for strict liability?

A

Gammon (Hong Kong) LTD v Attorney General for Hong Kong

5
Q

What is the criteria for strict liability?

A

Presumption of mens rea, truly criminal, statute clearly excludes mens rea, public safety or social concern, encourages greater vigilance

6
Q

What is the max sentence for s47?

A

5 years, and is the same for s20

7
Q

What are the cases used for battery?

A

Thomas, Haystead (indirect) and Venna for mens rea

8
Q

What are the cases used for ABH?

A

Chan Fook, Smith and for Mens rea its Roberts and Savage

9
Q

What is the mens rea for S20?

A

Maliciously, as defined in Cunningham and Savage, Case example is Parmenter where there was no mens rea

10
Q

What is mens rea for s18?

A

Malicious and further, specific intent, case example is Belfon and the razor

11
Q

What are the principles behind procedure?

A

All of the main ones plus the criminal procedure rules 2011

12
Q

What act is to do with bail?

A

Bail act 1976 gives general right to bail

13
Q

Who pays for duty solicitors, making them free for those who need it?

A

The legal services commission

14
Q

What act is related to sentencing?

A

Criminal Justice Act 2003 S142 (regard purposes of sentencing)

15
Q

What financial sentences can Magistrates impose?

A

Up to £5000

16
Q

What can an appeal judge do?

A

Affirm, vary or reverse judgements made by trial judge, but won’t change their finding of fact as they weren’t there

17
Q

What act reverses the burden of proof?

A

Civil Evidence Act 1968

18
Q

What are the cases for res ipsa loquitur?

A

Scott v London and St Katherines Docks, Mahon v Osborne and Pearson v North Western Gas Board

19
Q

What negligence cases go to the county court?

A

Under £50000, then allocated to track system

20
Q

What rules are followed with damages?

A

General principle of mitigation and loss

21
Q

What are the three main areas of general damages?

A

Pain/suffering/loss of amenity, future medical care/personal assistance, and loss of future earnings

22
Q

What are some examples of guidelines for damages for pain/suffering/loss of amenity?

A

Infertility with kids is £10000-£20000. Moderate knee injury is £8000-£14750. Blindness in one eye is £27000-£30000

23
Q

What is a case example for future medical care/personal assistance?

A

Giambrone v JMC Holidays

24
Q

How are damages for future loss calculated?

A

Claimant net annual loss x earning years left

25
Q

What act is involved with calculating future loss?

A

Damages Act 1996-takes into account expected rare if return from investments

26
Q

What act is involved in payment of damages?

A

Damages Act 1996-structured settlements

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