Law - June 2022 Test Revision
- Created by: molly_.h
- Created on: 04-07-22 12:26
View mindmap
- 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
- R v REGISTRAR GENERAL EX PARTE SMITH 1990
- 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
- Defect of reason
- 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
- MUST PROVE:
- Transferred Malice
Comments
No comments have yet been made