of which there are two types: direct and indirect (oblique). Direct intent is where the defendant wants the outcome and indirect intent, as defined by Lord Steyn in R v Woollin is when the defendant did not want the particular outcome but the jury believe he was virtually certain that it would occur. For example, the jury would have needed to decide whether Woollin wanted to kill or cause GBH to his son or whether he was virtually certain that by throwing it against a wall that death or GBH would occur. The next type of mens rea is recklessness. This was established in the case of R v Cunningham and is known as subjective recklessness. It is where the defendant takes an unjustifiable risk and is aware that he is taking an unjustifiable risk as to the outcome of his actions. In Cunningham the jury decided that Cunningham was not aware of the risk of poisoning from removing a gas metre.
Explain the principle of transferred malice
Transferred malice is the principle that where som
eone carries out the actus reus of a crime but the result is slightly different to that planned then
Explain the principle of coincidence of actus reus and mens rea (Contemporaneity rule)
It is a general principle that crimes require the actus reus and mens rea to occur at the same time for liability. For example for a battery the D must apply unlawful force and have intended it or been reckless at the time. However, there are certain situations where the actus reus and mens rea may not start at the same time. It has been held that provided during the course of events they do coincide then the crime exists. This was illustrated in Fagan v MPC where the D drove onto the policeman’s foot – here we have the actus reus of battery but no mens rea as D did not realise, however, when he was asked to move he refused and so at this point he had the mens rea and as the actus reus was still continuing there was a coincidence. Another situation is where there is a series of events which the courts have held as one single transaction and if the mens rea was present at the outset or throughout most of the events then it is deemed a coincidence. This was illustrated in R v Thabo-Meli where the D thought he had killed the victim but actually killed her when he tried to get rid of the body as he had the plan to kill from the outset the acts were treated as one transaction to kill.
Explain the meaning, using illustrations, of Strict liability
Discuss the criminal liability of D for shouting at the C
Discuss the criminal liability of D for kicking C
Discuss the criminal liability of D for hitting C and causing temporary unconsciousness
Discuss the criminal liability of D for punching C and causing a deep cut from his ring and a broken leg
Discuss the criminal liability of D for stabbing C with a knife twice
Outline the types of sentences the courts will consider in relation to….
Outline the factors the courts will take into account in relation to….
Outline the aims of sentencing
Explain the meaning of Bail and apply to ….
Outline the procedure the D will face prior to the trial (do it for triable either way)
What if it was an indictable or summary offence?
Outline the routes of appeal for each type of offence.
Explain the meaning of Duty of care
The modern law is laid out in Caparo v Dickman 1990 where the following needed to be proved:
That the harm was reasonably foreseeable to that type of person (this is effectively Lord Atkins’ neighbour principle from Donoghue v Stevenson where it was held that a manufacturer could foresee harm to a consumer by providing a defective product. This was also illustrated in Kent v Griffiths where it was reasonably foreseeable that further harm could occur to a patient by an ambulance crew if they did not turn up within a reasonable period of time.
There must be proximity between the parties meaning a relationship in time and/or space. This was not the case in Bourhill v Young where it was held that as the plaintiff did not see the accident then she had no relationship to it. Finally the court will consider whether it is fair, just