Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
7 Cards in this Set
- Front
- Back
|
R v Woollin |
A 2 step test to determine oblique intention: 1. Objective test: virtual certainty barring any unforeseen circumstances. 2. Subjective test: defendant realised a substantial risk. |
|
|
R v Moloney |
Intention is not clearly defined but differs from desire or motive. |
|
|
R v Latimer 1886 |
An authority for transferred malice - belt richoteched and hit a women. |
|
|
R v G 2003 |
Reinstated the subjective test for recklessness. Test: D must be aware of the risk and the risk must not be reasonable. It is more than stupidity. R v G applies to all criminal offences where mens rea recklessness is an option. |
|
|
What is the case authority for criminal restlessness? |
R v G 2003. This case was about the minors who lit a fire and caused £1 million in damages. |
|
|
What are the elements of common assault? |
1. D performs an act 2. by which he internationally or recklessly 3. causes another to apprehend 4. immediate 5. unlawful violence |
|
|
What is the actus reus for common assault? |
D causes V to apprehend personal physical violence. |
