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7 Cards in this Set

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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?

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

Recklessness

Cunningham Test


- Did D foresee the risk? - subjective


- Did D reasonably take the risk? - objective

Transferred Malice

- Where the difference between what was intended and what was achieved is legally immaterial, then malice can be transferred


- Pembliton

Mistake of Fact

- Did D honestly, even if unreasonably, believe otherwise?

Concurrence

Did D have mens rea at any point of the actus reus?

Intention

Direct intention


= You foresaw the consequences and they were what you intended


Oblique intention


= The consequence was a virtual certainty


= D knows this