General Principles

Question 1

What is the burden of proof in criminal cases?

Answer 1

According to Woolmington v DPP is it on the prosecution to prove the D’s guilt beyond reasonable doubt.

Question 2

What is the general rule concerning liability for omissions?

Answer 2

There is no liability for failing to act

Question 3

What are the 4 exceptions to the general rule for liability for omissions?

Answer 3

1. Special relationship; when D assumed a responsibility/duty to V [R v Stone and Dobinson]
2. Contractual duty [R v Pittwood]
3. Statutory duty
4. D has created a dangerous situation [R v Miller]

Question 4

What is the definition of Direct Intent?

Answer 4

According to R v Moloney it is the D’s primary purpose is to bring about a particular consequence, design or aim

Question 5

What is the definition of Indirect Intent?

Answer 5

it is an outcome that is not the D’s main aim, but an unfortunate by-product of this aim.

Question 6

What is the test for Indirect Intent?

Answer 6

According to R v Nedrick (confirmed and refined by R v Woollin):
Was the consequence virtually certain to occur from D’s act?
If yes, did D foresee this consequence as virtually certain to occur?

Question 7

What is the definition of Ulterior Intent?

Answer 7

it is where D intends to produce a consequence that goes beyond the actus reus of the crime

Question 8

What is the test for recklessness?

Answer 8

According to Cunningham did D foresee a risk (subjective) and then go on to take that risk?

Question 9

What is the doctrine of transferred malice?

Answer 9

According to R v Latimer MR can be transferred to the AR committed

Question 10

Which case limits transferred malice to crimes of the same type?

Answer 10

R v Pembliton: D threw stone at people, missed and broke a window; could not transfer MR