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7 Cards in this Set

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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


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?


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


Direct intention

= You foresaw the consequences and they were what you intended

Oblique intention

= The consequence was a virtual certainty

= D knows this