Mens Rea

Question 1

R v Mohan (Def of MR)

Answer 1

“In which mental element or MR necessary to constitute the offence in English law includes the attidude of mind, not only toward the psychical act but the evil consequences”

Question 2

R v Bryne

Answer 2

D was sexual psychopath who strangled and mutilated a woman.
D claimed he was unable to control his perverted sexual desires
Court held that was irrevelant there was clear intention to kill

Question 3

s.8 Criminal Justice Act 1967

Answer 3

Oblique intent - where D may not actually intend to kill V but it was an obvious outcome of their actions

Question 4

R v Woollin

Answer 4

Foresight of consequences is equal to intent

Question 5

R v Cunningham

Answer 5

D broke into unoccupied house and removed gas meter in order to steal.
Led to gas leaking next door killing neighbour
Court held D NG as he did not forsee this as a consequence
Subjective test for Recklessness

Question 6

R v G & R

Answer 6

Boys set fire to bindles of newspapers adn threw them into bin assuming itd die out
Fire spread and caused £1m+ in damages
HoL held test for recklessness is always subjective

Question 7

R v Adomako

Answer 7

D was anaesthetist and during operation a tube detached for breathing equipment came loose and led to V going into cardiac arrest

Question 8

Adomako Test

Answer 8

1. there was duty of care
2. Breach of that Duty
3. Breach was grossly negilgent enough to consider a criminal conviction

Question 9

R v Latimer

Answer 9

Transferred malice allowed outside of murder
eg OAPA offences

Question 10

R v Pembliton

Answer 10

Transferred malice not allowed in damages to property cases