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Flashcards in General Principles Deck (7)
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1

Two definitions of intention for mens rea?

1. Direct intent: Aim or purpose
2. Oblique or indirect intent: (i) outcome was virtually certain as a result of D's acts; and (ii) D realised this

2

Define "malice"

Intention or Recklessness

3

Definition of recklessness in R v G?

1. D was SUBJECTIVELY AWARE of the risk of the prohibited consequence at the time of his acts; and
2. In the circumstances known to D, it was OBJECTIVELY UNREASONABLE to take that risk, i.e. there was little social utility or benefit in taking it

4

What is the effect of the doctrine of transferred malice? Limits?

Where D intended or was reckless as to harming V, but the actus reus actually harmed V2, then D's MR against V can be combined with his AR against V2 to create one complete offence.

The AR and the MR must be for the same offenced.

5

Two qualifications to the requirement for AR and MR to coincide?

1. Continuing act - MR at any point of the continuance suffices
2. Series of acts making up one transaction - MR at any time of the transaction suffices

6

4 exceptions to the rule that an omission cannot constitute an actus reus attracting criminal liability? Rationale for the rule?

1. Statutory duty to act
2. Contractual duty to act
3. Special relationship
4. Creating a dangerous situation

Rationale = no duty to prevent harm (R v Smith)

7

Test for factual and legal cause?

1. Factual cause - but for D's actions, events would not have occurred
2. Legal cause - D's actions were (i) an operating and substantial cause (ii) without any novus actus interveniens