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Ao1 summary - Coggle Diagram
Ao1 summary
mens rea
mental element
intention
oblique
purpose
mohan
direct
oblique
not aim but if d has intention foc
Foc = foresight of consequences
d must realise it
harm must be virtual certainty
risk
d must realise risk and take it
d must take risk
transferred malaice
Mr can be transferred from intended v to actual v but only similar crimes - latimer
the mr for an offence that is different cannot be transferred - pembilton
coincidences of ar and mr
d must have mr and ar at the same time
the court widened this rule so that ar/mr may continue through a number of events - church/fagan/thabo meli
actus rea
physical element
omission
failure to act
official position
dythan
relationship
gibbons v procter
statutory
road traffic act 1988
danger created
miller
contract
pittwood
state of affairs
being found
larson
state of affairs
being found
larson
act
d in control, voluntary
hill v baxter
causation
conduct = consequences
cause in law
smith
thin skull rule
blaue
operating +substantial cause
intervening events
act of 3rd party
jordan
v own act
natural events
williams/roberts
cause in fact
but for test
pagett/white