mens rea

Question 1

what are the different types of intention

Answer 1

direct and indirect intention
recklessness

Question 2

r v gray

Answer 2

d killed his 11 year old son dying from cancer who was suffering a lot. he was charged w murder but plead diminished responsibility successfully. his motive was good but actus reus and mens rea were established.

Question 3

what is mens rea

Answer 3

guilty mind

Question 4

how is indirect intention proved

Answer 4

nedrick test

Question 5

what does the nedrick test allow the jury to infer

Answer 5

did the defendant appreciate that death or GBH was a virtual certain consequence of their actions

Question 6

what’s the highest level of men’s rea

Answer 6

direct intention

Question 7

what’s the lowest level of intention

Answer 7

recklessness

Question 8

what’s transferred malice

Answer 8

when for example a shoots b but misses and shoots and kills c. the intent to kill (even though it directed at b) will be transferred to c. so a will be liable for murder

Question 9

r v latimer

Answer 9

d aimed a blow at someone w his belt. belt recoiled and hit the victim who was severely injured. d was liable for maliciously wounding the victim

Question 10

r v mitchell

Answer 10

d in an argument, pushes elderly man who falls on elderly woman, who died in hospital due to wounds.
appealed his conviction saying his act was not aimed at her but was rejected as his act caused her death so mens rea was transferred to the victim

Question 11

r v cunningham

Answer 11

d broke a gas meter to steal money. gas seeped into the house next door. mother in law became so ill her life was in danger. charged w “maliciously administering a noxious thing so as to endanger life”. court defined maliciously as intentionally or recklessly

Question 12

what did r v cunningham define recklessness as

Answer 12

foreseeing that the kind of harm that in fact occurred might occur and going ahead anyway