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13 Cards in this Set
- Front
- Back
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Direct Intent |
Aim / Desire / Purpose R v Maloney |
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Indirect / oblique intent |
R v Woollin: A) was the outcome “virtually certain” as a result of D’s acts? B) if so, was D aware of this virtual certainty? |
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Recklessness |
R v Cunningham; R v G A) At the time D committed the AR, D was subjectively aware of the risk. B) in the circumstances known to D it was objectively unreasonable for D to take the risk. A risk is objectively unreasonable if there is little or no social utility or benefit in taking it. |
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Burden of Proof |
On the prosecution to prove the defendant’s guilt beyond reasonable doubt. Wilmington v DPP |
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Transferred Malice |
If D hit V by accident and wanted to hit A, then MR gets transferred. R v Latimer But AR & MR must be for same offence. R v Pembliton |
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Coincidence of AR & MR |
When D has the AR then D must have at the same point MR for the relevant offence. When AR is a continuing act, then sufficient for MR at any point during continuance (Fagan v MPC) When AR is a series of acts that make up one transaction then MR at some point. R v Le Brun : D assault V, then while moving she hits her head and dies. R v Thabo-Meli : D thought he killed V, but throws off a cliff, then V dies. |
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Mistake |
Mistake as an element of AR may negate MR. Ignorance of the criminal law is never an excuse, but making a mistake in civil law be. R v Smith |
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Omissions |
There is no duty to prevent harm (R v Smith). |
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Omissions: Statutory Duty |
Duty to act or a duty on a public office holder. |
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Omissions: Contractual Duty |
Duty to act, like gatekeeper overseeing a railway-crossing R v Pittwood |
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Omissions: Special Relationship |
Such as voluntarily assuming the care of a vulnerable family member. R v Stone & Dobinson Parent; husband/wife; Doctor (bland); |
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Omissions: assuming duty to care |
Ruffell - administrating first aid or attempting to will create a special relationship |
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Omissions: creating a dangerous situation |
R v Miller If D inadvertently sets in motion a chain of events that creates risk of damage, D becomes aware of what is happening and can prevent it, but decides not to, D’s inaction can be the AR of criminal damage. |
