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Paper 1
Criminal law
Missdd
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Cards (10)
Contemporaneity
For a crime to take place, the
actus
reus and the mens
rea
must take place at the same time
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How the principle of contemporaneity works
1.
Actus
reus
2.
Mens
rea
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At the time of the
actus reus
(driving onto the foot)
The
mens rea
was
lacking
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Single transaction theory
The courts may treat a series of acts as one transaction. If the mens rea was present at any time during any of these acts, it can be said to
coincide
with the actus
reus.
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Recklessness
is a lower level of mens rea than
intention
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Recklessness
is where the defendant knows there is a
risk
of the consequences happening but takes that risk
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Offences for which recklessness is sufficient for the mens rea
Assault
and
battery
Assault occasioning
ABH
(s.47 OAPA 1861)
Malicious
wounding /
GBH
(s.20 OAPA 1861)
Arson criminal
damage
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Cunningham case
Defendant dripped gas from a meter to steal
money
, causing gas to
escape
and make a woman ill
Defendant convicted of "
maliciously
administering a
noxious
thing"
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Malicious
Can either mean
intentionally
or
recklessly
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Subjective recklessness test
Defendant not
guilty
as he himself wasn't
aware
of the risk
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