mens rea

Question 1

what is intention?

Answer 1

whether an act is done on purpose or not.

Question 2

what is recklessness?

Answer 2

lacking caution, regardless of consequences, rash.

Question 3

intention-foresight of consequences case

Answer 3

moloney- both drunk, stepfather dared stepson to pull trigger on him, stepson fired gun.

Question 4

intention-natural and probable cause case

Answer 4

woollin- baby choked on food, D threw baby on wall, baby suffered severe head injury and died.

Question 5

subjective recklessness case

Answer 5

Cunningham- D broke gas metre to steal money, noxious gas into neighbour’s house, became ill.

Question 6

subjective recklessness- Cunningham two stage test

Answer 6

1) did D foresee possibility of unlawful consequence or injury to another?
2) was risk unjustifiable or unreasonable?

Question 7

risk analysis case

Answer 7

Stephenson- D lit fire in haystack, suffered from schizophrenia, couldn’t identify risk

Question 8

what is transferred malice?

Answer 8

an injury intended for one person but falls on another by accident, person still convict. pembliton- D threw pebbles into crown, accidentally smashed window

Question 9

what is contemporaneity rule?

Answer 9

coincidence of actus reus and mens rea

Question 10

continuing act

Answer 10

actus reus stretches over a significant period of time and at some point during that period, D has mens rea

Question 11

case for continuing act

Answer 11

fagan vs MPC- D drove over police officers foot by accidentally, but refused to move car