Basics 2

Question 1

What is oblique intention?

Answer 1

The consequence is foreseen by the D as virtually certain, although it is not desired for its own sake, and D goes ahead with his actions anyway

Question 2

What type of fault element is required in Recklessness?

Answer 2

A SUBJECTIVE fault element - proof of awareness or thought

Question 3

What type of fault element is required in Negligence?

Answer 3

An OBJECTIVE fault element - does NOT req proof of awareness

Question 4

What occurred in CUNNINGHAM (1957)

Answer 4

• Gas meter ripped from wall to steal money
• Gas escaped and caused injury
• Considered Reckless as D foresaw a risk and took it

Question 5

What case overruled CALDWELL recklessness?

Answer 5

R v G (2004)

Question 6

What occured in R v G

Answer 6

• 2 boys set fire to newspapers and left them to burn near a bin next to supermarket
• Fire spread to bin and then supermarket and led to £1mil of damage.
• Convicted but later overturned reversing CALDWELL recklessness. Boys considered unaware of risk

Question 7

What is the main problem of Caldwell recklessness?

Answer 7

Is it fair to convict on the basis of what someone else would have apprehended

Question 8

What is concunrrence?

Answer 8

Requires that MR and AR coincide in point in time (temporal coincidence)

Question 9

What is the correspondence principle?

Answer 9

That MR corresponds to AR

Question 10

What occurred in FAGAN v MPC (1969)

Answer 10

• Fagan was asked to park car closer to the kerb, which he did.
• He also parked on a police officer’s foot, and subsequently refused to move his car.
• Charged with assaulting a police officer as omission to move was classed as an act.

Question 11

What is constructive liability?

Answer 11

• Liability imposed on the A rather than the liability chosen by his decision and/or willingness to bring about the prohibited result.

Question 12

What is transferred malice?

Answer 12

When the intention to harm one individual inadvertently causes a second person to be hurt instead, the perpetrator is still held responsible.
Can transfer recklessness as well as intention.

Question 13

What is the one qualification of transferred malice?

Answer 13

Principle only applies with crimes of the same family

Question 14

What type of crimes can transferred malice be applied to?

Answer 14

All crimes of violence.