Mens Rea

Question 1

Describe Mohan and its relation to intention

Answer 1

a decision to bring about, so far as it lies within the accused’s power (the prohibited consequence) , no matter whether the accused desired the consequence of the act or not.

Question 2

What is direct intent?

Answer 2

D desired the outcome

Question 3

What is Oblique intent?

Answer 3

It is not D’s direct aim to do the consequence, but the consequence was foreseeable as a virtual certainty, from D’s actions (Hancock and Shankland : concrete block on car)

Question 4

What is the Woollin test to find intention?

Answer 4

• Death or serious harm is a virtual certainty as a result of D’s actions
• D appreciated that such was the case
• (Matthews V Alleyne) - thrown into river

Question 5

What is the Cunningham test for subjective recklessness?

Answer 5

• use for every statute where the law says “maliciously”
• D must intent the consequence or realise the risk of the consequence
• and decide to take the risk
• Cunningham = gas leak

Question 6

What is transferred malice?

Answer 6

he situation where a person intends to commit a crime against one person, but actually ends up harming a different person instead
- Mens rea can’t transfer between person and object (pembliton)