Guilty Conduct and Criminal States of Mind

Question 1

What is direct intent?

Answer 1

Where the outcome achieved in a crime is the defendant’s aim, purpose, goal or desire (Moloney).

Question 2

What is indirect intent?

Answer 2

Where a jury can determine that (Nedrick and Woollin):

(a) The consequences of a defendant’s actions were virtually certain to occur; and
(b) The defendant foresaw the consequences as virtually certain to occur.

Question 3

What is recklessness?

Answer 3

Where a defendant foresees a risk and proceeds, without justification, to take that risk (Cunningham).

Question 4

When does transferred malice apply?

Answer 4

Where the actus reus committed by a defendant is of the same type of crime as the defendant intended, but the specific victim was unintended or accidental (Latimer; Pembliton).

Question 5

Which case concerns breach of a contractual duty?

Answer 5

Pittwood

Question 6

What are examples of statutory obligations?

Answer 6

Road Traffic Act 1988 and s1(2)(a) of the Children and Young Persons Act 1933.

Question 7

Which case concerns creation of a dangerous situation?

Answer 7

Miller

Question 8

Which cases concern special relationships?

Answer 8

Stone and Dobison (defendant’s sister); Gibbins and Proctor (duty of care for a child); Ruffell (assumed duty of care); Smith (release from duty if defendant capable of deciding their own fate); Bland (doctors not only released from duty if a patient refuses life-saving treatment but will actively be committing assault if they continue).

Question 9

The actus reus and mens rea of a crime must generally coincide in time.

Answer 9

Le Brun and Thabo-Meli

Question 10

Acts must typically be voluntary.

Answer 10

Baxter