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Theory of criminal law
Principles formulating rules in crim. law
Correspondence
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Created by
Liam
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Cards (8)
What is correspondence?
Where the
actus reus
and
mens rea
don't
correspond
, the
liability
of the
accused
shouldn't
exceed the harm
encompassed
by their
mens rea
Which is an example of an offence that has the actus reus and mens rea correspond?
Theft
Which are examples of offences that has the actus reus and mens rea do not correspond?
Murder
,
Unlawful Act Manslaughter
,
s47
and
s20
How does Unlawful Act Manslaughter not follow the correspondence principle?
Mens rea
doesn't recognise D's
conduct
was
likely
to
cause harm
- only
mens rea
of
unlawful act
(
Newbury and Jones
)
How does Theft follow the correspondence principle?
Clear
mens rea
relates to
actus reus
How does Murder not follow the correspondence principle?
Intent
to cause
grievous bodily harm
does not
correspond
with the
actus reus
How does s47 not follow the correspondence principle?
Mens rea
is of
lesser offences
of
assault
/
battery
How does s20 not follow the correspondence principle?
Mens rea
is of
intent
/
recklessness
to cause
some harm