Mens Rea

Question 1

meaning of mens rea

Answer 1

guilty mind, mental element of a crime

Question 2

what are the two types of mens rea

Answer 2

intention
recklessness

Question 3

case for direct intent

Answer 3

Mohan (1975)

Question 4

Mohan (1975) how does it define direct intent

Answer 4

D’s decision to bring about the prohibited consequence - subjective

Question 5

evidence D had direct intent to murder

Answer 5

motive
plan
weapons
vulnerable area

Question 6

oblique intention

Answer 6

use oblique intention when we can’t prove d was really aiming to Bring about the consequence but the consequence was so obvious that d may as well have intended it

Question 7

woollin (1999) case facts

Answer 7

D’s baby was crying and D lost his temper he threw his baby towards the pram which was five feet away but the baby hit the wall instead and died
his direct intent was to get the baby in the pram

Question 8

what is the test for oblique intention

Answer 8

1) the consequence was virtually certain - objective
2) the defendant realised the consequence was virtually certain - subjective

Question 9

in woollin would D pass the oblique intent test

Answer 9

1)it is virtually certain that throwing a baby at a wall will kill it
2) D wasn’t virtually certain as he thought the baby would land in the pram

Question 10

what case introduced oblique intention

Answer 10

woollin (1999)

Question 11

Oblique intent questions

Answer 11

1) the consequence was virtually certain
2) the defendant released the consequence was virtually certain

Question 12

matthews and alleyne (2003) case facts

Answer 12

D threw v into river knowing that v could not swim
it is vc that throwing someone in a river who can’t swim would die
D was virtually certain v would drown

Question 13

when will oblique intention never be used

Answer 13

when recklessness is available for the crime

Question 14

what is recklessness

Answer 14

the most basic level of mens era used for the less serious crimes

Question 15

Cunningham (1957) case facts

Answer 15

D went into a building and ripped the gas meter out from the wall in order to steal money inside unknown to D this caused gas to spread to neighbouring property where gas harmed v
not recklessness and d was not virtually certain
subjective test

Question 16

what is transferred malice

Answer 16

when d intended to commit a crime on one person but actually commits it on someone else the mens really can be transferred from the intended victim to actual victim meaning D is still guilty

Question 16

R v Latimer (1886) case facts

Answer 16

D was in a pub and got into an argument with x. D took off his belt to try and hit x with it. d swung his belt and hit x but belt also hit v
-transferred malice

Question 17

R v Pembliton (1874)

Answer 17

D threw a stone at a group of people trying to hit them. he missed the group and smashed a shop window D was charged with criminal damage
no transferred malice no mens yea for Criminal damage
could prove recklessness