Economics 3364A/B Study Guide - Quiz Guide: Schizophrenia, Correlation Does Not Imply Causation
25 Oct 2020
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Order of culpability - intention, knowledge, recklessness, negligence) Ukhl overturned decision as claimed direction given to the jury was flawed. The woollin test says that there needed to be: virtual certainty of consequence, defendant foreseeing the consequence (indirect intention) Nedrick (previous case cited in woollin in regard to virtual certainty) - just must "infer" intention. Woollin test -(case by case basis on what the jury may decide as there is inconsistencies) R v g [2003] - hl said that both following were needed for mr of recklessness: foresaw risk of relevant element of ar, unreasonably continued to run that risk. Originally charged by court of appeal said they had to view it in perspective "solely on what defendant thought" - medical recognised condition prevented him foreseeing risk at all (r v. Parker 1977 was liable as saw risk and took it anyway: unreasonably ran risk.
