Criminal, MR
- Created by: Emma21023
- Created on: 05-05-21 14:44
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- Mens Rea
- Types of MR
- intention
- direct intention; everyday meaning of intention; Mohan
- oblique intention; broader than direct, incl foreseeable and inescapable consequences of achieving a desired result, even if consequence itself is not desired
- Test. Nedrick to Woollin 'infer' to 'find' . woollin under virtually certain consequences. (essay- know the development of the rule. & ask whether outcome was the direct intention; if not and was a consequence, then oblique)
- WAS objective Caldwell and subj Cunningham; Cald applied to all crim damage, Cunn applied to all other offences incl recklessness
- Caldwell incl defs who weren't aware of an obvious risk) injustice to young/mental disabilities; Elliot
- NOW 2 subj, R v G applies to criminal damage, Cunn applies to all other offences incl recklessness (R v G replacing Caldwell; R v G subj recklessness diff from Cunningham subj reck)
- Cunningham test: 'did def foresee a risk that their actions would cause the ar of the relevant offence?' a) caused AR and b) realised that there was a risk that they would cause AR. based on foresight of consequences of actions (Stephenson)
- intention
- Transferred malice (Doctrine) applies where a person aims to harm one person/piece of property but misses & harms another
- means of imposing liability for the unplanned consequences of deliberate wrongdoing. if def has MR in relat to murder to A but brings about AR in relat to B, may still be liable. operates only if the AR of the offence committed matches the AR of the offence planned; R v Pembliton, Latimer
- Gross Negligence, manslaughter. test- Adomako (If such duty is est, did breach of duty cause death of victim?)
- Types of MR
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