Correspondance

Question 1

What is the principle of correspondence

Answer 1

• where the actus reus and men’s Rea should correspond
• the results which D must intend or foresee should math the results which actually occur
• liability of the accused should not exceed the harm actually encompassed by his/her men’s Rea

Question 2

What does the principe of correspondence ensure

Answer 2

• ensures a person s only convicted if their intention or recklessness aligns with the harm caused

Question 3

What is the strict correspondence theory

Answer 3

• argues that men’s Rea must EXACTLY match the actus reus for a conviction

Question 4

How does the act of theft match the correspondence principle

Answer 4

• the actus reus of theft is that D must appropriate property belonging to another, the men’s Rea is that D must intend to permanently deprive
• so the mental element of theft relates to the actus reus

Question 5

How does murder not comply with the correspondence principle

Answer 5

• the men’s Rea = intent to kill/causeGBH
• for the offence to comply with the correspondence rule, a person should only be guilty of murder if they intended to KILL

Question 6

How does assault comply with the correspondence principle

Answer 6

• the actus requires an act which causes V to apprehend the infliction of immediate unlawful force
• the men’s Rea corresponds with this as it requires intention/recklessness as to causing V to apprehend the infliction of immediate + unlawful force