MR | Flashcards

Question	Answer
Caldwell	Objective recklessness
Cunningham	Subjective recklessness test established: D sees risk and the risk is an unreasonable one to take.
Hancock	degree of probability of death is important in determining manslaughter or murder (i.e. intent or recklessness)
Hardie	No presumption of recklessness if D takes non-dangerous drugs
Hyam	Foresight of consequence is not the same as intention but it is evidence from which the jury can infer intent
Matthews	Woollin not followed- assumed that this required virtual certainty in fact and the defendant's awareness of this fact
Nedrick	Development of the law on oblique intention- the Woollin test followed this
R v G and R	Caldwell was the wrong test for recklessness- a subjective test should be used i.e. D aware of risk. This would not apply when D was voluntarily intoxicated
Mohan	Intent is the only possible MR for attempts
Moloney	The judge should not seek to elaborate on the meaning of intent. It should be given its normal meaning by the jury. Foresight of consequences does not necessarily infer intent (Woollin)

MR

	Created by catriona.lilley over 11 years ago