mens rea

Question 1

mens rea

Answer 1

guilty mind

Question 2

subjective recklessness

Answer 2

the defendant must foresee that there is a risk of the outcome occurring and still takes that risk

Question 3

r v cunningham

Answer 3

d ripped gas meter off wall to access money, this caused harm to woman next door
held: d was not reckless as he did not realise the risk of the outcome occurring.

Question 4

r v r and g

Answer 4

2 boys lit a fire under a wheelie bin, not realising it would spread to a shop and cause 1 million worth of damage
held: in order to be reckless, D must realise the risk of the prohibited outcome occurring.

Question 5

direct intent

Answer 5

d has the aim, desire, or purpose to bring about the prohibited outcome

Question 6

r v mohan

Answer 6

d accelerated sharply at police officer instead of stopping.
held: d had intention as it was his aim or desire to bring about the prohibited consequence

Question 7

oblique intent

Answer 7

the prohibited outcome is virtually certain, and d realises this.

Question 8

r v woolin

Answer 8

held: d had intention as the prohibited consequence was a virtual certainty and he must have realised this

Question 9

transferred malice

Answer 9

when the intention to harm one individual inadvertently causes a second person to be hurt instead, d is still held responsible.