Correspondence

Question 1

Define

Answer 1

The correspondence principle is based on the assumption that the D should only be liable for what they intended to do or at least foresaw as a possible consequence of their conduct.

Question 2

Andrew Ashworth

Answer 2

Criminal law should stick to the correspondence principle to prevent unfair labelling of the defendant who doesn’t intend or foresee the AR.

Question 3

Correspondence is satisfied

Answer 3

s18 OAPA - GBH with intent

Question 4

Correspondence is not satisfied

Answer 4

s47 - D only has to intend or be reckless as to committing the assault or battery (R v Savage)
(R v Vickers) - MR for GBH (murder)

Question 5

Criticism

Answer 5

D has chosen to break the law and to cause harm to V, and so D’s normative position has changed having chosen to criminally attack V, D should be liable for all harms flowing from that attack.