Mr

Question 1

what is MR

Answer 1

mental state or intention required for criminal liability

Question 2

what is the correspondence rule

Answer 2

AR and MR must align (exception is strict liability offences), burden on prosecution to prove AR and MR beyond reasonable doubt

Question 3

what is case of r v woolin 1999

Answer 3

lost temper and threw baby at wall, baby died, held liable for manslaughter

Question 4

what is case of r v cunningham 1957

Answer 4

broke into gas metre causing damage to gas pipe which caused gas leak to house, woman died

Question 5

what is case of r v adamako (1995)

Answer 5

anaesthesiologist didn’t notice oxygen tube was detached during surgery, patient died- competent person would of noticed this

Question 6

what is the hierarchy of culpability

Answer 6

-intention (Highest)
-knowledge and belief
-recklessness (unreasonable risk taking
-negligence
-strict liability (no MR required)

Question 7

explain case r v Latimer (1886)

Answer 7

D swung belt at v1 but they duck and belt hits V2 (severely injured) - responsible for harm of V2
MR can transfer from one V to another (only within offences of the same type)

Question 8

what is case of R v caldwell (1982)

Answer 8

started fire in hotel when he was drunk, charged with arson as intoxication was no defence

Question 9

what is the test for recklessness

Answer 9

1) subjective foresight of a risk
2) unreasonable taking of risk(based on D’s knowledge

Question 10

explain case r v brady 2006 (recklessness)

Answer 10

fell of a balcony, was intoxicated and caused serious damage to other person

Question 11

explain case of Fagan v MPC (1969)

Answer 11

car ran over police man foot as he refused to move- MR of harming police officer followed after AR completed - continuing act can constitute an AR