A2 Criminal Law short test

1. What is meant by subjectively? Taking into account a defendants personal characteristics and not judging him on the standards of the average man 2. What is direct intention? When D intends a result and sets about to achieve the outcome. 3. What is the Woollin definition of indirect/oblique intention? The judge directed the jury that if they thought the defendant to have seen substantial risk then they may find him guilty, however on appeal the Court of Appeal found that the phrase substantial risk was unsafe and the term virtually certain must be used. 4. Name the case that states that malice can be transferred? R v Latimer (1886) 5. Name the House of Lords case that states that recklessness is now always viewed subjectively?

Richards and Gemmell (2003)

6. Can a person ordinarily leave a toddler to drown in a pond? Yes 7. Name two duty situations that may make the person leaving not assisting that toddler guilty of a criminal offence. -Parental Duty of Care -Public Office Duty of Care 8. What is the Good Samaritan/Easy Rescue law that

exists in France? If a person finds that someone is in danger but can rescue them easily without putting themselves in danger, then they must, by law, rescue them.

9. Name the case that sets the but for test for factual causation. R v White

10.

Explain why Cheshire remained criminally

responsible for his victims death.

Because there was not any action between the attack and the death of V that was strong enough to break the chain of causation.