mens rea

Question 1

direct intent

Answer 1

defendants aim purpose and desire to commit the crime MOHAN 1975

Question 2

indirect intent

Answer 2

virtual certainty test, was death or injury a virtual certainty and did the defendant realise this (WOOLIN)

Question 3

recklessness

Answer 3

outcome was not the defendants intention. The defendant saw an unjustified risk and takes the risk anyway Cunningham, R v G & R

Question 4

Transferred Mallice

Answer 4

Latimer- principle of transferred malice allows the intention I had for my intended victim to be transferred to my actual victim
Pembilton- principle applies if the crime is similar and malice is being transferred from object to object or person to person

Question 5

coincidence rule

Answer 5

R v Church- actus reus and mens rea are continuing acts and as long as they happen at some point the crime will be complete