General; Defences; Criminal Damage

Question 1

3 exceptions to general rule of no criminal liability for omissions. 2 cases.

Answer 1

1. Special relationship, e.g. family ties, or assumed as in R v Stone & Dobinson.
2. Statutory duty to act.
3. Dangerous situation - R v Miller.

Question 2

Define direct intent. Case.

Answer 2

Outcome was D’s aim - Moloney.

Question 3

Define indirect intent. Case.

Answer 3

Outcome was 1) virtually certain, 2) foreseen by D as being virtually certain - Nedrick/Woollin.

Question 4

Define recklessness. Case.

Answer 4

D foresaw a risk, however small, and took it without justification - Cunningham.

Question 5

Define transferred malice. Case.

Answer 5

MR can be transferred to unintended victim, provided AR the same - Latimer.

Question 6

First thing necessary for defence of intoxication to apply? Case. ‘Dutch courage’ qualifier. Case.

Answer 6

Must cause D to lack the MR - Kingston. If D had MR, then drunk for ‘Dutch courage’, cannot then claim he did not have the MR - A-G for NI v Gallagher.

Question 7

Voluntary/involuntary intoxication - prescription drugs case and underestimation case.

Answer 7

Unexpected side effect = involuntary - Hardie.

Underestimating effect = voluntary - Allen.

Question 8

When D is voluntarily intoxicated, to what will he have a defence? Case.

Answer 8

Specific, but not basic - DPP v Majewski.

Question 9

Is s3 SOA 2003 basic or specific intent? Case.

Answer 9

Basic - Heard.

Question 10

For self-defence/prevention of crime, will an honestly-held mistake be ok? Case. If voluntarily intoxicated? Case.

Answer 10

Yes - R v Williams (Gladstone). But not if due to voluntary intoxication - O’Grady/Hatton.

Question 11

How will a mistaken belief due to voluntary intoxication affect a defence to criminal damage under s5(2)(a) CDA 1971? Case.

Answer 11

No - Jaggard v Dickinson.

Question 12

What is the requirement for self-defence/prevention of crime to apply?

Answer 12

Force must be reasonable, in circumstances as seen by D.

Question 13

What two things will the court take into account for self-defence? Cases.

Answer 13

1. May be pre-emptive - Bird.

2. Decisions made in the heat of the moment - Palmer.

Question 14

What 2 criteria must be met for the defence of duress to apply? Case.

Answer 14

Graham:

1. D must believe himself/other threatened with serious physical violence.
2. Personal of normal firmness and same characteristics would have yielded to threats.

Question 15

How is ‘damage’ defined? Case.

Answer 15

Anything that incurs an expense to repair - Hardman.

Question 16

Must life actually have been endangered for a D to be liable for aggravated criminal damage/arson?

Answer 16

No - Dudley.