Mens Rea Negligence

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What is negligence normally associated with?
Civil Law
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What does negligence play a minor role in?
Criminal Law
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What is negligence concerned with?
concerned with the conduct of the DEFENDANT rather than the state of mind
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What does negligence apply to?
Driving offences
Gross Negligence Manslaughter
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How is it decided?
It is decided objectively and questioned whether the defendants conduct met the standard of a reasonable man
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What is the case for objective standard and what was it to do with?
McCrone v Riding 1938
learner driver
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What is the case to do with gross negligence manslaughter and what was it to do with?
R v Adomako 1994
breaching a duty of care
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What is the Adomako test?
"whether the defendant was so bad in all the circumstances as to amount in their judgment to a criminal act or ommision"
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What did R v Bateman 1925 say?
"the negligence of the accused went beyond a mere matter of compensation between subjects and showed disregard for the life and safety of others to amount to a crime against the state and conduct deserving punishment"
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Other cards in this set

Card 2

Front

What does negligence play a minor role in?

Back

Criminal Law

Card 3

Front

What is negligence concerned with?

Back

Preview of the front of card 3

Card 4

Front

What does negligence apply to?

Back

Preview of the front of card 4

Card 5

Front

How is it decided?

Back

Preview of the front of card 5
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