Practice question · Multiple choice
Preterintentionality involves intending a lesser harm whilst causing a greater one. How does the criminal law resolve this conflict in the structure of the offence?
Hints
- Can one mental state cover two distinct consequences with different degrees of foresight?
- How does the legal system avoid either under-punishing the initial aggression or over-punishing the unintended harm?
Show the answer
C. By imputing intent to the base act and negligence to the outcome
Why
Preterintentionality is not a single unified intent that absorbs the outcome, nor is it reduced entirely to negligence. Concurrence rules apply separate standards of liability to the initial conduct and the unintended consequence, preventing disproportionate outcomes.
Practise Negligence and Omission
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