Other Key Definitions Flashcards
Simester and Brookbanks
Knowing means knowing all correctly believing
Defendant can believe something wrongly but cannot know something that is false
Doctrine of transferred malice
Harm meant for one person accidentally inflicted on another
R v Hunt
Stabbed servant instead of property owner
Definition of a person
A person is generally accepted in judicial notice or proved by circumstantial evidence
Uses or dealing with
Requires defend an acted contrary to any authority or consent given by the owner
OR
Conduct was inconsistent with rights of the owner
Common law defences
- Impossibility
- Necessity
- Consent
- intoxication
- Mistake
- 2016 sane automatism
Statutory defences
- Compulsion
- Infancy
- Defence of self or others
- Defence of property
- Insanity
Hayes v R (mind)
Jury can infer that the accused had a dishonest mind unless he can raised reasonable doubt on relevant but mistaken belief
R v Russell
A person and a special relationship is morally bound to take active steps to do something against the offence
Abstaining from doing anything as providing encouragement and authority and therefore they’re liable
