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Criminal Law - MR

Intent, Recklessness, SL, Fault, Contemporaneity, Transferred Malice

QuestionAnswer
Mohan Direct intent to scare or injure the policeman
Woollin Oblique intent - harm caused to baby was a virtual certainty (subjective) so there was intent
Matthews and Alleyne Oblque intent - knew he couldn't swim so virtual certainty of V's death
Cunningham D tore gas meter off wall - didn't see the risk so not subjectively reckless (found NG)
Pharmaceutical Society of GB v Storkwain Ltd D strictly liable - no need to prove he knew prescription was forged
Callow v Tillstone Butcher convicted of selling bad meat despite obtaining vet certification because it was a strict liability offence
Harrow LBC v Shah and Shah Shopkeeper convicted for selling lottery tickets to people that are underage but didn't know - strict liability
Sweet v Parsley Teacher let house to students who smoked weed. D found guilty despite no MR - strict liability
Latimer D got into fight in pub and accidentaly hit bystander in face with belt. D liable as the mens rea was transferred to the woman
Mitchell D pushed old man in Q at post office. He fell pushing V over. V died. conviction of manslaughter upheld as malice transferred
Pembliton D threw stones into crowd of people causing window to smash. mens rea couldn't be transferred from OAP to a property offence
Fagan v Met Police Commissioner D accidentally drove onto policeman's foot then refused to move. this was a continuing act so AR and MR were at same time
G Two kids set light to bin => co-op => 1m damage. D's not convicted as they didn't see the risk (subjective test)
Thabo Meli D's hit V, then threw him off cliff thinking he was dead. V died from exposure, not blows. Acts were seen as continuing so AR and MR were simultaneous
Created by: Oscar.G
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