Paper 1 Section B Flashcards

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1
Q

What is Direct Intention and a case to illustrate it?

A

A decision to bring about the criminal consequence whether desired or not.

Mohan (1976)

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2
Q

What is Oblique Intention?

A

Virtual certainty test. D knows it would be a natural and probable consequence.

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3
Q

What is Recklessness with a case to illustrate it?

A

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

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4
Q

Cases to illustrate MR?

A

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.

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5
Q

What is Factual Causation?

A

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

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