Mens Rea

Question 1

Direct/specific Intention

Desire to bring about a specific concequence

Answer 1

Mohan

Question 2

Oblique Intention

not D’s aim to bring about a result but foresees the result as a virtual

Answer 2

Maloney - (stepfather shot by stepson in race to load gun fastest – foresight of consequence is not intention)

Nedrick - (poured parafin through letter box, child killed)

Woollin - (threw 3month old baby in air - concequence needs to be a virtual certainty)

Mathews and Alleyne - (dropped non-swimmer from bridge, left before they saw him reach back safely - concequence must have been such a virtual cirtainty that the D foresaw it)

Question 3

Recklessness

subjective recklessness - saw risk of concequence, but decides to take t

Answer 3

Cunningham - (ripped gas meter off wall to steal money, gas leak killed mother-in-law in neighboring property)

R v R and G - boys too young to understand the possible concequences of the risk they took - burnt down whole row of shops

Question 4

Transferred malice

the intention to harm one individual inadvertently causes a second perso

Answer 4

Latimer - argument in pub, intended to hit man but hit woman instead – possible to use doctrine of TM outside of murder cases)
or
Gnango

Question 5

Conicidence of AR and MR

Answer 5

contemporanity rule

Question 6

Continuing Act

Answer 6

Fagan - (accidentally stopped car on police’s foot but refused to move)