Chapter 3 Multiple choice questions

. The ordinary meaning of intention is as follows:

Aim or purpose

The same as motive

A doctor will intentionally kill knowing that high doses of pain-relieving drug will inevitably shorten life.

To directly intend a result you must know that you will succeed in your aim or purpose.

. A father kills his child by unsuccessfully throwing her from a burning building into the arms of a crowd below. Which of the following is correct?

He is guilty of murder because he knows it is a virtual certainty that the child will be killed/caused GBH.

The Nedrick test allows a jury to find him guilty of having intentionally murdered if death/GBH was a virtual certainty and he appreciated this fact, barring unforeseen interventions, but the jury does not have to do so. The question is ultimately one for them on the basis of all the evidence in the case.

He is not guilty of murder because he acted through good motive.

He is not guilty of murder because it was not his aim or purpose to kill.

. Which of the following most accurately represents the meaning of oblique intention?

A consequence will be obliquely intended if a
reasonable person would have foreseen it as highly
probable.

A consequence will be obliquely intended if it is a
natural consequence of D's act.

A consequence will be obliquely intended if it is
foreseen as a substantial risk.

The consequence must be virtually certain barring
some unforeseen intervention as a result of D's actions and D must appreciate this to be the case.

. The concept of transferred malice would need to be applied to the following:

D aims a blow at A, misses and strikes B.

D aims a blow at A, misses and smashes a nearby window.

D shoots a gun indiscriminately into a crowd of people and injures V.

D causes GBH to a pregnant woman whose child is born prematurely and then dies.

. Subjective recklessness can be defined as follows:

The unconscious or inadvertent taking of an unreasonable risk.

Foresight of a virtual certainty of harm.

Failure to give thought to a risk through carelessness or inattention.

The conscious or advertent taking of an unreasonable risk, no matter how slight, including where D deliberately closes his/her mind to risk.

. Caldwell was departed from by Lord Bingham in R v G because:

It is blameworthy to do something involving a risk of injury to another without giving thought to the risk.

Objective recklessness could lead to a confusion with mere negligence.

Caldwell was potentially unjust and contrary to the UN Convention on the Rights of the Child.

Objective recklessness was contrary to the intention of Parliament; in serious crimes D's state of mind should always be culpable; Caldwell was unfair and had been heavily criticized.

. D, who is out one cold night, lights a fire in a haystack to keep warm. The haystack is destroyed. D is charged with criminal damage. Which of the following is a correct statement of the law?

D will be guilty if he was aware of a risk of damage. A good reason for unawareness might be age, mental ability, sudden emergency, state of health or exhaustion.

D will be guilty because he was foolish.

D will not be guilty if he failed to consider the risk for whatever reason.

D will not be guilty if he thought about the risk but eliminated it.

. The ratio of Adomako is as follows:

The degree of negligence required for gross negligence manslaughter can best be described as recklessness.

Manslaughter by gross negligence applies only to those who owe a professional duty of care to others.

'Bateman' gross negligence, involving a breach of duty, concerns a criminal departure from a proper standard of care involving a risk of death.

Caldwell recklessness no longer applies to manslaughter.

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