Paper 1 Section B Flashcards
What is Direct Intention and a case to illustrate it?
A decision to bring about the criminal consequence whether desired or not.
Mohan (1976)
What is Oblique Intention?
Virtual certainty test. D knows it would be a natural and probable consequence.
What is Recklessness with a case to illustrate it?
Reckless as to whether such harm should occur, no i’ll-will necessary.
Cunningham - D tore a gas meter of the wall to steal the money in it if then leaked into neighbouring property. Not guilty
Cases to illustrate MR?
Nedrick (1985) - D poured paraffin through V’s letter box and set it alight. Child died. How probable was the consequence?
Woolin (1998) - D threw 3 month old baby at wall and it later died. Jury entitled to find intention.
What is Factual Causation?
But For Test - D can only be guilty if the consequence would not have occurred but for their actions.
White (1910) - Cyanide
Paggett (1983) - Police shoot out