Shared Flashcard Set

Details

Mens Rea
Cases
4
Law
Undergraduate 1
05/13/2013

Additional Law Flashcards

 


 

Cards

Term
Transferred Malice
Definition
Mitchell - 'criminality is same'.
Latimer - transfer if type of harm is same
Pembliton - stone broke window: different
AG 3 of '94 - no transfer from mother to foetus to child
HORDER: outcomes can be to remote
Term
Concurrence
Definition
Fagan v MPC - police foot = continuing act
Thabo Meli - Threw him over cliff = same transaction
Le Brun - struck then dragged = same sequence
Term
Mistake
Definition
Morgan v DPP - where D is honestly convinced V consents NG
Candy - made ice coins barrister friend: G
Lee - thought he was under-limit and resisted arrest G
Term
Negligence
Definition
C - paranoid schiz, can't take into account
RSPCA v C - child car owner
RTA 1998 s.3 - firearms
Adomako - jury must find badness in gross negligence
HALL: should be moral fault so stupid and no deterrence (Bret- police make drivers safer).
HART: preferred subjectivism
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