General Principles

Question 1

The burden of proof is for the prosecution to prove D’s guilt beyond reasonable doubt

Answer 1

WOOLMINGTON v DPP

Question 2

Omissions - General Duty

Answer 2

None

Question 3

Omissions - Exceptions - Special Relationship

Answer 3

R v STONE & DOBINSON

Question 4

Omissions - Exceptions - Contractual Duty

Answer 4

R v PITTWOOD

Question 5

Omissions - Exceptions - Statutory Duty

Answer 5

eg: Road Traffic Act

Question 6

Omissions - Exceptions - D creates a Dangerous Situation and Fails to Remove the Danger Created

Answer 6

R v MILLER

Question 7

Reflex Act resulting in Loss of Control

Answer 7

No Liability - HILL v BAXTER

Question 8

Direct Intent

Answer 8

MOLONEY

Where D’s primary purpose is to bring about the effect

Question 9

Indirect Intent

Answer 9

NEDRICK / WOOLIN

1. Was the consequence virtual certainty to occur
2. Did D himself foresee this consequence as virtually certain

Question 10

Recklessness

Answer 10

CUNNINGHAM

Did D foresee a risk (subjective), and then go on unjustifiably to take that risk

Question 11

Specific Intent Crime

Answer 11

Intention alone, not recklessness - murder, s18 OAPA, theft

Question 12

Basic Intent Crime

Answer 12

Either intent or recklessness will make out MR, ie criminal damage

Question 13

Transferred Malice - General Rule

Answer 13

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

Question 14

Transferred Malice - Limited to Crimes of the Same Type

Answer 14

R v PEMBLITON

Question 15

Transferred Malice - Joint Enterprises

Answer 15

R v GNANGO

Question 16

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

Answer 16

THABO-MELI v R

Question 17

Driver is assessed against the Standards of the Reasonable Driver

Answer 17

McCRONE v RIDING

Question 18

Criminal Damage - Matter of Fact / Degree - Any Expense of Restoration

Answer 18

ROE v KINGERLEE

Question 19

Criminal Damage - Damage need not be extensive

Answer 19

HARDMAN

Question 20

Criminal Damage - D is not liable if he Honestly Believed the Property Damages Belonged to Him

Answer 20

R v SMITH

Question 21

Criminal Damage - Defence - s.5(2) CDA 1971 Lawful Excuse

Answer 21

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)

Question 22

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)

Answer 22

(1) R v DUDLEY

(2) R v STEER