D's purpose or aim is to cause the result (regardless of motive or chances of success)
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What is indirect intention?
Oblique intention - Jury may find intention where it's not D's aim or purpose but, its a virtually certain consequence (VCC) of what he is trying to do, he foresees it as VCC.
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What is the test established in Woolins?
1. The result is a VCC of the act, 2. the accused knows that it is a VCC (Nedrick direction)
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What did Re A establish?
Oblique intent case.
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What is recklessness?
Taking an unjustified risk.
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What did Caldwell establish?
Objective test - when D judged by reference to the state of reasonable person - what should D have foreseen?
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What did Cunningham establish?
Subjective test - D actually foresees the unjustified risk involved and takes it, takes into account D's capacity to appreciate risks (age,low IQ or mental illness.)
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What did R v G establish?
Confirmed Cunningham traditional subjective test.
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What can a jury consider under the CJA?
s8, jury can take into account what a reasonable person would have foreseen as part of evidence in making your decision as to what this D foresaw.
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Other cards in this set
Card 2
Front
What is indirect intention?
Back
Oblique intention - Jury may find intention where it's not D's aim or purpose but, its a virtually certain consequence (VCC) of what he is trying to do, he foresees it as VCC.
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