Practice question · Sort into groups
Sort each element by where it sits in the structure of the offence.
Groups: Objective side of the type · Subjective side of the type · Culpability
- Conduct and result
- Conduct-result link
- Knowledge of the ban
- Intent to gain (if any)
- Capacity to judge wrong
- Knowledge of facts
Hints
- Two columns belong to the same storey of the building and one to a later storey.
- Knowledge of the facts and knowledge of the law sit on different floors.
Show the answer
Objective side of the type: Conduct-result link, Conduct and result
Subjective side of the type: Knowledge of facts, Intent to gain (if any)
Culpability: Capacity to judge wrong, Knowledge of the ban
Why
The pair to compare is knowledge of the facts and knowledge of the law. They look like the same kind of mental state and they live on different floors: the first is part of the type, so its absence destroys the offence in its intentional form, and the second is part of culpability, so its absence reduces the reproach.
Practise The Subjective Side: Intent and Mistake
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