General Principles Flashcards
The burden of proof is for the prosecution to prove D’s guilt beyond reasonable doubt
WOOLMINGTON v DPP
Omissions - General Duty
None
Omissions - Exceptions - Special Relationship
R v STONE & DOBINSON
Omissions - Exceptions - Contractual Duty
R v PITTWOOD
Omissions - Exceptions - Statutory Duty
eg: Road Traffic Act
Omissions - Exceptions - D creates a Dangerous Situation and Fails to Remove the Danger Created
R v MILLER
Reflex Act resulting in Loss of Control
No Liability - HILL v BAXTER
Direct Intent
MOLONEY
Where D’s primary purpose is to bring about the effect
Indirect Intent
NEDRICK / WOOLIN
- Was the consequence virtual certainty to occur
- Did D himself foresee this consequence as virtually certain
Recklessness
CUNNINGHAM
Did D foresee a risk (subjective), and then go on unjustifiably to take that risk
Specific Intent Crime
Intention alone, not recklessness - murder, s18 OAPA, theft
Basic Intent Crime
Either intent or recklessness will make out MR, ie criminal damage
Transferred Malice - General Rule
R v LATIMER
If a defendant has the AR in respect of one offence and the “malice” (intent or recklessness) re another, the malice can be transferred to the unintended victim
Transferred Malice - Limited to Crimes of the Same Type
R v PEMBLITON
Transferred Malice - Joint Enterprises
R v GNANGO
AR and MR must generally Coincide in Time, however, there can be Lapse in Time if D has carried out a Series of Acts + from the outset is Involved in Criminal Activity
THABO-MELI v R
Driver is assessed against the Standards of the Reasonable Driver
McCRONE v RIDING
Criminal Damage - Matter of Fact / Degree - Any Expense of Restoration
ROE v KINGERLEE
Criminal Damage - Damage need not be extensive
HARDMAN
Criminal Damage - D is not liable if he Honestly Believed the Property Damages Belonged to Him
R v SMITH
Criminal Damage - Defence - s.5(2) CDA 1971 Lawful Excuse
Permission - R v DENTON (motive of consenting party doesn’t matter)
Protection
(Still successful even when based on Voluntary Intoxication resulting in a Mistaken Belief- JAGGARD v DICKINSON)
Aggravated Criminal Damage - Life doesn’t actually have to be endangered (1) - Must be proved that D by damage/destruction intended/was reckless to endanger life (2)
(1) R v DUDLEY
(2) R v STEER
