General Principles

Question 1

Burden of proof on prosecution to prove defendant’s guilt beyond reasonable doubt

Answer 1

Woolmington v DPP

Question 2

Direct intent (R v Moloney)

Answer 2

Defendants primary purpose was to bring about consequences

Question 3

Indirect intent

Answer 3

Not defendant’s main aim, but consequences were a by-product

Question 4

Ulterior intent

Answer 4

Defendant intends to produce consequence that goes beyond AR

Question 5

Authority for direct intent

Answer 5

R v Moloney

Question 6

Basic intent

Answer 6

Either intention OR recklessness will suffice for MR

Question 7

Specific intent

Answer 7

Intent ALONE can make up MR

Question 8

Test for indirect intent

Answer 8

R v Woolin

was consequence virtually certain to occur from Ds act?
if so, did D foresee consequence as virtually certain to occur?
^ Both need to be satisfied

Question 9

Test for recklessness

Answer 9

Cunningham (since R v G)

Did D foresee a risk and then go on to take it? (subjective test)

Question 10

Liability for omissions (failure to act)

Answer 10

General rule is that no liability for failing to act, but there are exceptions

Question 11

Exceptions for no liability for omissions

Answer 11

Special relationship
Contractual duty
Statutory duty
D has created dangerous situation

Question 12

Possible liability for failing to act where D has assumed a responsibility/duty to victim (special relationship)

Answer 12

R v Stone and Doblinson

Question 13

Possible liability for failing to act where D owes contractual duty to act but fails to do so

Answer 13

R v Pittwood

Question 14

Possible liability for failing to act where D has created a dangerous situation and has not removed danger created

Answer 14

R v Miller

Question 15

Defendant cannot rely on defence of voluntary intoxication if he had MR of crime before starting (Dutch Courage)

Answer 15

Attorney General for Northern Ireland v Gallagher

Question 16

Negligence

Answer 16

Accuses person of failing to measure up to standards of reasonable person in that given situation
(most issues of negligence are civil unless it leads to criminal consequences, like death, or breaks a criminal law)

Question 17

Strict liability

Answer 17

D may be convicted of criminal offence without having MR

ie. s5 Road Traffic Act 1988

Question 18

If statute clearly states it is strict liability, or conversely, states MR is required, then that is that.
If not, presumption is that MR is required (may need to assess intent of Parl)

Answer 18

Sweet v Parsley 1970

Question 19

Different classification of offences

Answer 19

Summary only (less serious, tried in magistrates (6mth max sentence)
either-way - ie. theft, dangerous driving, burglary (magistrates decides if it can handle case)
indictable only - only very serious (must be tried at crown court before judge and jury)

Question 20

Conduct crimes

Answer 20

D has to behave in certain way and certain circumstances to exist before AR established (ie rape)

Question 21

Result crimes

Answer 21

Not enough to act in a certain way; certain circumstances must follow behaviour before AR (ie murder, D must have caused death)

Question 22

Absolute liability

Answer 22

When D fulfils AR of defence in circumstances of which they have no control

R v Larsonneur

Question 23

Ignorance

Answer 23

Never a defence in criminal law

Question 24

Mistake of fact

Answer 24

Not a defence but makes it harder for prosecution to prove MR
(how reasonable the mistake is is irrelevant)

Question 25

Coincidence of AR & MR

Answer 25

AR & MR must coincide in time for D to be criminally liable (unless committing a serious of criminal acts
(Le Bren)

Question 26

Doctrine of transferred malice

Answer 26

If D has malice to commit a crime against an individual/property, MR can be transferred to AR committed against another unintended victim/property

Question 27

Authority for doctrine of transferred malice

Answer 27

R v Latimer

Question 28

Doctrine of transferred malice limited to crimes of same type

Answer 28

R v Pembliton