Criminal Law Essay

1512 Words Feb 3rd, 2013 7 Pages
Fagan v Metropolitan Police Commissioner [1969] (DC) | Actus Reus/ Mens Rea | Continuing act theory- Actus reus continuing for the whole time the car was on foot, mens rea at the point of realisation and not willing to move. | R v Miller [1983] (HL) | Coincidence of MR/AR | When D creates a dangerous Situation, they have a duty to act- failure to act amounts to AR (MR= recklessness). | R v Church [1966] (CA) | Coincidence of MR/AR | D will be liable for murder if entire incident can be viewed as a ‘series of events’ designed to cause GBH/ Murder. MR/AR will be established when they occur at some point during single transaction. | R v White [1910] | ‘But for’ test, Factual Causation | Not factual cause of death if mother would have …show more content…
| R v Cunningham [1957] (CA) | Interpretation of malicious, subjective recklessness. | -Held that malicious= foresight of consequences;-D must have foreseen consequences;-The accused has foreseen some sort of harm might take place, and has still taken the risk anyway. | R v Caldwell [1982] (HL)-OVERRULED BY R v G- | Objective test for Recklessness | -Failure to recognise obvious risk = as bad as appreciating it and continuing;-Established test of reasonable man; | R v G [2004] (HL) | Recklessness, Criminal Damage | -Overruled Caldwell as the R man test failed to take into account individual’s ability to recognise risk;-Caldwell imposed liability on those who were incapable (i.e. minors).-Has to be aware of the risk | R v Latimer (1886) | Transferred Malice, successful transfer | MR is the same for both offences therefore malice is successfully transferred. | R v Pembilton (1874) | Transferred Malice, unsuccessful transfer | MR of throwing stone at D was different to the MR of criminal damage (breaking the window). | Murder | R v Cunningham [1982] | Malice Aforethought | Malice aforethought defined as:-Intention to kill;-OR Intention to inflict GBH | R v Woolin [1999] | Oblique intention | -Jury may find intention of murder/GBH if it was a Virtually certain consequence. | Voluntary Manslaughter | R v Dietschmann [2003] | Intoxication, Multiple causes of abnormality of mind | -No requirement of the abnormality of mind being the sole cause of the

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