What is oblique intention?
The consequence is foreseen by the D as virtually certain, although it is not desired for its own sake, and D goes ahead with his actions anyway
What type of fault element is required in Recklessness?
A SUBJECTIVE fault element - proof of awareness or thought
What type of fault element is required in Negligence?
An OBJECTIVE fault element - does NOT req proof of awareness
What occurred in CUNNINGHAM (1957)
- Gas meter ripped from wall to steal money
- Gas escaped and caused injury
- Considered Reckless as D foresaw a risk and took it
What case overruled CALDWELL recklessness?
R v G (2004)
What occured in R v G
- 2 boys set fire to newspapers and left them to burn near a bin next to supermarket
- Fire spread to bin and then supermarket and led to £1mil of damage.
- Convicted but later overturned reversing CALDWELL recklessness. Boys considered unaware of risk
What is the main problem of Caldwell recklessness?
Is it fair to convict on the basis of what someone else would have apprehended
What is concunrrence?
Requires that MR and AR coincide in point in time (temporal coincidence)
What is the correspondence principle?
That MR corresponds to AR
What occurred in FAGAN v MPC (1969)
- Fagan was asked to park car closer to the kerb, which he did.
- He also parked on a police officer’s foot, and subsequently refused to move his car.
- Charged with assaulting a police officer as omission to move was classed as an act.
What is constructive liability?
- Liability imposed on the A rather than the liability chosen by his decision and/or willingness to bring about the prohibited result.
What is transferred malice?
When the intention to harm one individual inadvertently causes a second person to be hurt instead, the perpetrator is still held responsible.
Can transfer recklessness as well as intention.
What is the one qualification of transferred malice?
Principle only applies with crimes of the same family
What type of crimes can transferred malice be applied to?
All crimes of violence.
