Lecture 4 - Mens Rea Flashcards
What is the significance of the cunningham case
it sets out the cunningham test which states that D is consciously aware either that they wish to bring about a particular result or that it is a virtual certainty or that they are aware of a risk of a bad outcome occurring and they unreasonably run this risk
What is the significance of the caldwell case
sets out the caldwell test where d is not aware of a risk of a bad outcome eventhough it was obvious and should have been foreseen
What are the two forms of intention in criminal law
Direct intent - to act in order to produce a desired result
Oblique intent - to act with the awareness that a particular outcome is virtually certain barring some unforeseen intervention
What test could the courts use to decipher direct intention
Duffs ‘test of failure’ which asks if a person would regard themselves as having failed if the result that did occur had not happened i.e if they didnt get what they wanted will it have been a failure
What is the significance of R v Moloney
this case sets out the golden rule which states that the jury does not need special direction for specific intent cases
What is the significance of R v Woollin
R v Nedrick gave the courts two questions to decipher intention 1. was death or gbh virtually a certain consequence of ds conduct 2. was d aware that death or gbh was virtually certain from his conduct. However in R v Woollin the house of lords confirmed that the virtual certainty test in nedrick should be applied when considering oblique intent
what was the issue with DPP v Smith
the rule that came out was whether a reasonable man would have contemplated gbh being a likely result from smith’s actions
What is the test for recklessness
is the defendant aware of the risk ? if so does the defendant unreasonably take that risk
