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Recklessness is a more culpable form of mens rea than intention.
Recklessness is a more culpable form of mens rea than intention.
False
In R v Cunningham, the defendant was convicted of an offence against a person.
In R v Cunningham, the defendant was convicted of an offence against a person.
False
In R v Stephenson, the court held that the test for recklessness is purely objective.
In R v Stephenson, the court held that the test for recklessness is purely objective.
False
In R v Caldwell, the defendant started a fire in a hotel as part of a robbery.
In R v Caldwell, the defendant started a fire in a hotel as part of a robbery.
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Recklessness involves foresight of virtually certain consequences.
Recklessness involves foresight of virtually certain consequences.
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In R v Cunningham, the judge's definition of malicious was upheld on appeal.
In R v Cunningham, the judge's definition of malicious was upheld on appeal.
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Transferred malice only applies when the defendant's actus reus and mens rea coincide.
Transferred malice only applies when the defendant's actus reus and mens rea coincide.
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In R v Latimer, the defendant was found guilty of an offence against the person who was originally targeted.
In R v Latimer, the defendant was found guilty of an offence against the person who was originally targeted.
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Double transfer of malice is possible in English law.
Double transfer of malice is possible in English law.
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In Thabo Meli v R, the defendant was found guilty of manslaughter, not murder.
In Thabo Meli v R, the defendant was found guilty of manslaughter, not murder.
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In R v Church, the defendant was convicted of murder.
In R v Church, the defendant was convicted of murder.
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Fagan v MPC is a leading case on the doctrine of transferred malice.
Fagan v MPC is a leading case on the doctrine of transferred malice.
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In R v Lawerence, the court found that the defendant was liable for reckless driving.
In R v Lawerence, the court found that the defendant was liable for reckless driving.
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In R v Elliott, the defendant was found not liable for criminal damage.
In R v Elliott, the defendant was found not liable for criminal damage.
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The test for recklessness in R v G and Another is a one-part test.
The test for recklessness in R v G and Another is a one-part test.
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In R v Brady, the court held that foresight of a significant risk is required for recklessness.
In R v Brady, the court held that foresight of a significant risk is required for recklessness.
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In R v Parker, the defendant's awareness of the risk of damage was held to be irrelevant.
In R v Parker, the defendant's awareness of the risk of damage was held to be irrelevant.
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The correspondence principle states that each AR element of an offence should have a corresponding MR element.
The correspondence principle states that each AR element of an offence should have a corresponding MR element.
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Strict liability offences have both AR and MR elements.
Strict liability offences have both AR and MR elements.
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Constructive liability involves additional MR elements without corresponding AR elements.
Constructive liability involves additional MR elements without corresponding AR elements.
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Ulterior MR refers to MR elements without corresponding AR elements within the offence.
Ulterior MR refers to MR elements without corresponding AR elements within the offence.
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Murder is an example of a constructive crime with strict liability elements.
Murder is an example of a constructive crime with strict liability elements.
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What does recklessness primarily involve in the context of mens rea?
What does recklessness primarily involve in the context of mens rea?
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What was the outcome of the appeal in R v Cunningham?
What was the outcome of the appeal in R v Cunningham?
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What was the issue in R v Stephenson regarding the defendant's awareness?
What was the issue in R v Stephenson regarding the defendant's awareness?
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What is the key feature of the test for recklessness in R v Cunningham and R v Stephenson?
What is the key feature of the test for recklessness in R v Cunningham and R v Stephenson?
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What was the circumstance in R v Caldwell?
What was the circumstance in R v Caldwell?
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How does recklessness compare to intention in terms of culpability?
How does recklessness compare to intention in terms of culpability?
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What is the current test for recklessness?
What is the current test for recklessness?
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What is the significance of R v Elliott?
What is the significance of R v Elliott?
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What is the significance of R v G and Another?
What is the significance of R v G and Another?
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What is the significance of R v Brady?
What is the significance of R v Brady?
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What is the significance of R v Parker?
What is the significance of R v Parker?
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What is constructive liability?
What is constructive liability?
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What is the correspondence principle?
What is the correspondence principle?
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What is an example of a constructive crime?
What is an example of a constructive crime?
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What is ulterior MR?
What is ulterior MR?
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What is the interaction between actus reus and mens rea?
What is the interaction between actus reus and mens rea?
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In which case did the court hold that the defendant's malice was transferred to the victim who was not the original target?
In which case did the court hold that the defendant's malice was transferred to the victim who was not the original target?
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What is the principle that states that each actus reus element of an offence should have a corresponding mens rea element?
What is the principle that states that each actus reus element of an offence should have a corresponding mens rea element?
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In which case did the court hold that the defendant's acts were part of a general plan to cause death and to hide the body?
In which case did the court hold that the defendant's acts were part of a general plan to cause death and to hide the body?
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What is the term used to describe the transfer of malice from one victim to another?
What is the term used to describe the transfer of malice from one victim to another?
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In which case did the court hold that the defendant's acts were continuous and part of a single transaction?
In which case did the court hold that the defendant's acts were continuous and part of a single transaction?
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What is the term used to describe the situation where the defendant's actus reus and mens rea coincide?
What is the term used to describe the situation where the defendant's actus reus and mens rea coincide?
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Study Notes
Mens Rea and Recklessness
- Recklessness involves unreasonable risk-taking and is a less culpable form of mens rea than intention
- Recklessness involves foresight of possible or probable consequences, rather than desire or foresight of virtually certain consequences
The Road to Subjective Recklessness
- R v Cunningham (1982): the court set out the test for recklessness, requiring that the defendant must foresee the risk
- R v Stephenson (1974): the test for recklessness is purely subjective, and the question is whether the defendant foresaw the risk
- R v Caldwell (1982): the test for recklessness was expanded to include objective recklessness, where the defendant failed to foresee a risk that would have been obvious to a reasonable person
Transferred Malice
- Transferred malice occurs when the defendant's actus reus (AR) and mens rea (MR) target different objects
- Liability is found through the doctrine of transferred malice
- The defendant's mens rea (MR) can transfer from one victim to another
- R v Latimer (1886): the defendant's malice (MR) directed at one victim was transferred to another victim who was severely injured
- Transferred malice can only occur within offences of the same time
Coincidence and Continuing Acts
- The correspondence principle states that each AR element of an offence should have a corresponding MR element
- Liablility can only be found where AR and MR coincide
- Thabo Meli v R (1954): the court held the defendant guilty of murder, as their actions were part of a general plan to cause death and hide the body
- R v Church (1966): the defendant was convicted of manslaughter, as their first act was linked to their second act to find coincidence
- Fagan v MPC (1969): the defendant was guilty of offences against a person, as their acts did not stop when driving onto the foot, but continued when on the foot
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Description
Test your understanding of recklessness in criminal law, including the concept of unreasonable risk taking and its relation to intention and mens rea. Learn about the case of R v Cunningham and its significance in shaping the concept of subjective recklessness.
