Law - June 2022 Test Revision

  • Created by: molly_.h
  • Created on: 04-07-22 12:26
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  • LAW
    • Transferred Malice
      • Has to be an offence of the same kind       e.g. asault
      • Where you intend to commit a crime on one person, but it ends up with another vitim
      • LATIMER 1886
        • D tried to hit man with belt. Belt bounced off and hit woman (V). D was liable for her injury
    • The Purposive Approach
      • Gives judges some say in law and is a way to find out parliaments intentions and can lead to justice in individual cases as it is a broad approach
      • Allows for advances in technology
      • Avoids absurd results
      • Useful for interpreting EU laws
        • Smith had applied to trace biological mother, but he was seen as a danger to her. This tracing was refused under the purposive approach
    • Insanity
      • MUST PROVE:
        • Defect of reason
          • Doesnt apply to people who have moments of confusion or absentmindedness
        • Disease of the mind
          • E.g. brain tumours, epilepsy, depression, diabetes, paranoia, schizophrenia
        • D didn't know the nature or quality of his act
      • Based on the M'Naughten rules 1843
        • D had mental problems and attempted to kill an MP but killed a secretary instead. Found guilty of murder by reason of insanity and sent to a hospital
      • HENNESSY 1989
        • D had high blood sugar levels from diabetes. Stole a car but had no recollection of it. Can claim insanity


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