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Questions and Answers
Dishonesty in the context of handling stolen goods has only subjective elements.
False
Wilful blindness is equated with knowledge in the context of handling stolen goods.
True
A person can be guilty of handling stolen goods even if they do not believe the goods are stolen.
True
Negligence is related to actus reus elements of an offence.
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Gross negligence is the same as breach of duty.
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Direct intention involves virtual certainty.
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The test for virtual certainty was established in the case of Hyam v DPP.
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The jury is obliged to find intention if the test for virtual certainty is satisfied.
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The Road Traffic Act 1988 defines careless and inconsiderate driving as an offence.
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The standard of virtual certainty was established in the case of R v Moloney.
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Knowledge and intention are considered to have the same level of culpability.
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Negligence is a subjective Mens Rea term.
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Recklessness is considered a higher level of culpability than gross negligence.
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Strict liability requires a Mens Rea element.
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Circumstance Mens Rea refers to the defendant's required mental state as to the conduct.
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Ultterior Mens Rea is related to the actus reus elements.
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Which Mens Rea term is considered to have the same level of culpability as intention?
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What is the focus of the negligence Mens Rea term?
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What is the type of liability where one or more actus reus elements do not require Mens Rea?
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What is the required mental state of the defendant in terms of the conduct?
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Which type of liability typically deals with regulatory matters and has limited punishment?
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What is the Mens Rea element that does not correspond with conduct, circumstance or result?
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What is required for a person to be guilty of handling stolen goods?
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What is the term for when a person intends an actus reus requirement obliquely, where the guilty act is virtually certain to arise?
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What is the standard of negligence in the Road Traffic Act 1988?
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What is the term for when a person deliberately closes their eyes to the possibility of a circumstance?
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What is the term that involves holding a person to an objective standard of conduct?
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What is the term that involves both subjective and objective elements?
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What is the three-part test for virtual certainty?
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What does the test for virtual certainty relate to?
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What is the jury's role in determining intention?
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What is the significance of virtual certainty in determining intention?
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Study Notes
Knowledge, Belief, Dishonesty, Negligence
- Knowledge is equivalent to intention in terms of culpability
- Defendant has knowledge of an offence element if they believe it is the case and are correct in that belief
- Subjective and objective parts: subjective focuses on the defendant's state of mind, while objective focuses on the defendant's objective reality
Handling Stolen Goods
- A person handles stolen goods if they know or believe the goods are stolen and dishonestly receive or undertake to retain the goods
- Wilful blindness is taken as knowledge, where the defendant sees the foreseeability of something happening and it is easy for them to discover the truth
Dishonesty and Negligence
- Dishonesty has subjective and objective elements
- Subjective: defendant's actual knowledge or belief as to the facts
- Objective: would ordinary decent people find the defendant's conduct dishonest
- Negligence is to do with holding the defendant to an objective standard of conduct, involving breaches of duty and gross negligence
Road Traffic Act 1988
- Careless, and inconsiderate driving: driving without due care and attention or without reasonable consideration for other persons using the road or place
Intention
- Direct intention: aim or purpose
- Indirect (oblique) intention: virtual certainty
- Direct intention must be present at the time of acting
- Oblique intention does not involve an aim or purpose of a desire to do an act, but holds that a person intends an actus reus requirement obliquely
Road to Virtual Certainty
- Hyam v DPP: foresight of a 'high probability'
- R v Moloney: drunken quick draw test, foresight of natural consequence
- R v Nedrick: paraffin through letterbox set alight, jury can infer intent from foresight of virtual certainty
- R v Woolin: following direction that intention could be found where D foresaw substantial risk of death or injury
TEST FOR VIRTUAL CERTAITY: Nedrick/Woolin 3 part test
- Objective: the outcome/circumstance was in fact virtually certain
- Subjective: D had the subjective foresight that the outcome/circumstance was virtually certain to happen
- Jury part: the jury is entitled to find intention if the above parts are satisfied but they are not obliged to find intention
Mens Rea MR Terms
- From highest to lowest culpability: Knowledge/intention, Belief, Recklessness, Gross negligence, Negligence, Strict liability
Conduct, Circumstance, Result, and Ulterior MR
- Conduct MR: defendants required mental state as to the conduct (i.e., voluntariness)
- Circumstance MR: defendants required mental state as to these facts or circumstances
- Result MR: defendants required mental state as to these outcomes
- Ulterior MR: MR requirements not related to any part of the actus reus
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Description
Test your understanding of the legal principles surrounding handling stolen goods, including the concept of wilful blindness and the distinction between knowledge and belief. Learn about the requirements for liability under Section 22. Assess your knowledge of the legal nuances in this area.
