More cards in this set

Card 6

Front

Jury not entitled to find the necessary intention unless it feels sure that death or serious bodily harm was a virtual certainty....and the D appreciated such was the case.

Back

Preview of the front of card 6

Card 7

Front

Although there is very little difference between a rule of evidence and one of law, foresight of a virtual certainty is evidence from which the jury may find intention

Back

Preview of the front of card 7

Card 8

Front

when prosecuting offences against the person the prosecution must prove that D intended or that he actually foresaw that his act would cause harm.

Back

Preview of the front of card 8

Card 9

Front

the House of Lords overruled the Caldwell decision on recklessness in criminal damage, reintroducing a subjective test, as had been applied pre-Caldwell in cases such as Stephenson (1979).

Back

Preview of the front of card 9