Liability and Transferred MR Flashcards
Q: What is strict liability?
Only the AR needs to be proved. Most often used to enforce statutory regulations eg: where there is a social danger or concern presented by the proscribed behaviour.
PP v H 1997- stated that the offence of driving with excess alcohol (s5) did not require proof of any MR.
Q: What is absolute liability?
Where an offence criminalises D whose conduct has caused a particular state of affairs with no MR needed with regards to any element of the offence, not even knowledge that he has caused the state of affairs. No defences are available to D!
Q: What is transferred MR/transferred malice?
Transferring of the state of mind required for an offence from the original target/victim to another. Only operates if the crime remains the SAME.
VICTIM CAN DIFFER
CRIME CANNOT DIFFER
Q: What is transferred MR/transferred malice? Case?
Latimer 1886- D lashed out with his belt at one person, but missed, striking a third party instead. Proven D had the required MR when he swung the belt. Court held the same MR could support a charge of wounding against another victim injured by the same act.
Q: What if the crime committed is different to the crime D intended?
D cannot be convicted if he acted with the MR of one offence but commits the AR of another. The AR and MR must match the same offence.
