Key Cases

Question 1

Woolmington v DPP

Answer 1

Burden of proof on prosecution to prove defendants guilt beyond reasonable doubt

Question 2

Cunningham

Answer 2

Test for recklessness:

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

Question 3

R v Woollin

Answer 3

Test for indirect intent:

Was consequence virtually certain to occur?
If yes, did D foresee consequence as virtually certain to occur?

Question 4

R v Ireland

Answer 4

ABH may include psychiatric harm if a recognised condition

Question 5

R v Burstow

Answer 5

Victim need only fear that force could occur immediately

Question 6

Maxwell v DPP Northern Ireland

Answer 6

If D has range of defences within contemplation, he is liable as accomplice for whichever one is committed

Question 7

NCB v Gamble

Answer 7

2 elements of MR for accomplice:

Intention to do the act that aided principal

Knowledge of circumstances

Question 8

R v Jogee

Answer 8

Authority for requirement to have intention to assist or encourage crime

Foresight is evidence of intent but no more

Question 9

DPP v Gomez

Answer 9

Consent of owner is irrelevant as to appropriation

Question 10

R v Atakpu

Answer 10

Cannot steak property more than once but appropriation can be continuous

Question 11

R v Adomaku

Answer 11

5 elements of AR for gross negligence manslaughter

Duty of are owed by D to V
Breach of duty
Risk that Ds conduct could cause death (objective)
Evidence that breach DID cause death
Jury’s conclusion that D fell so far below standard of reasonable person in that situation