1. What is recklessness?
- Defined in R v Cunningham as when the D realises there is a risk but takes that risk anyway.
- Defined in R v Mohan as the decision to bring about a prohibited consequence.
- Where aim of the D is different to the actual consequence. R v Woollin established the virtual certainty test
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2. Reasons against strict liability?
- Harder to enforce.
- Takes longer for a guilty plea.
- Makes people who are not blameworthy guilty of an offence, even if all possible care has been taken - HLBC v Shah.
- Protects society, promotes greater care in public safety - Alphacell v Woodward.
3. What is strict liability?
- Where the D is guilty of an offence for just committing the AR, no need for MR - HLBC v Shah.
- Where the AR and MR have to happen at the same time.
- Where the D is guilty of an offence just for having the MR - Larsonneur.
4. What happens if it is not clear is an offence is strict liability?
- Court will presume mens rea is required - Sweet v Parsley.
- Court will presume mens rea is not required - Sweet v Parsley.
- Court will presume mens rea is required - HLBC v Shah.
5. What is the coincidence rule?
- In order for D to be guilty of offence, AR and MR must happen at same time - Fagan v MPC
- Where D is guilty of an offence simply for committing the AR not the MR. - Larsonneur
- In order for D to be guilty of offence, AR and MR must happen at different times. - Latimer
- Where the D knows there is a risk but takes it anyway - Cunningham