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7 Cards in this Set
- Front
- Back
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Negligence |
Reasonable person test - Objective - Would a reasonable person have adverted to the risks and acted in the manner D did? |
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Gross Negligence |
- Standard required for criminal offences - Was D's conduct a "Major Departure" from the standard of care expected of a reasonable person? - objective |
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Recklessness |
Cunningham Test - Did D foresee the risk? - subjective - Did D reasonably take the risk? - objective |
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Transferred Malice |
- Where the difference between what was intended and what was achieved is legally immaterial, then malice can be transferred - Pembliton |
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Mistake of Fact |
- Did D honestly, even if unreasonably, believe otherwise? |
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Concurrence |
Did D have mens rea at any point of the actus reus? |
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Intention |
Direct intention = You foresaw the consequences and they were what you intended Oblique intention = The consequence was a virtual certainty = D knows this |
