MR types Flashcards
what is this
for a crime to happen the AR and MR must happen at the same time
what’s the continuing act principle and a case
modified rule, means that the AR can be a continuing act and if at any point the MR kicks in then the 2 coincide
Fagan
Fagan
policeman directed D to park car, accidentally drove on officers foot, asked him to move D refused
GUILTY
POL- both AR and MR coincide , continual AR of battery
what’s the transaction principle
the AR is considered as a series of related acts that then result in one final transaction
- Mr can be formed at any time during series of acts
meli
D took V to a hut and beat him. thought he was dead and took his body to a cliff and threw it off
GUILTY
POL- act of throwing him off cliff and beating him was a continuing act
transferred malice
inc i.e
what’s the case
when Ds MR is transferred from intended V to unintended V (actual victim )
ie, hit one person they fall into another
-latimer
what’s the rule to why the MR can be transferred for transferred malice
MR can only be transferred when the AR remains the same
if MR is for a diff crime D not guilty
Latimer
d got into a fight in pub, took his belt off and hit person arguing with, belt rebounded off man and hit woman (unintended but actual V )
GUILTY
POL- MR to cause harm was transferred tp the woman
direct intent
case
Ds decision to bring about the consequence
Mohan
Mohan
police spotted D speeding, officer stood in road for D to stop, car slowed then aggressively accelarated at officer, officer moved to escape hit
D GUILTY ATTEMPTED ABH
POL- d had direct intent to cause harm by speeding up
oblique intent
2 elements
case
indirect intent
-the AR is virtually certain
-D realises this
-woolin
r v woollin
D threw 3 month old baby at pram to stop it crying, it died
GUILTY
POL-death was virtually certain
Matthews and alleyne
D threw V in a river, V told D he couldn’t swim, before he reached shore D left, V drowned
GUILTY
POL- was virtually certain to die/ suffer serious harm
