Mens Rea Flashcards
0
Q
Oblique Intent
A
- R v Moloney
Intent where death is a (1) natural consequence of voluntary act and (2) the consequence was foreseen by def - R v Hancock & Shackland
The more likely it is that the consequence was foreseen, the greater the probability that consequence was intended. - R v Nedrick
Intent may be inferred when (1) result was virtual certain consequence and (2) actor knows that it is a virtual certain consequence - R v Woollin
Intention for murder must be death or serious bodily harm.
1
Q
Intention
A
- R v Mohan
In order to proof an attempt to commit a crime, there must be a specific intent. - Criminal Justice Act 1967 s 8
2
Q
Ulterior Intent and Transferred Mens Rea
A
- Theft Act 1968 s 9(1)(a)
- AG Reference (no 3 of 1994)
Stabbing of pregnant girlfriend. Baby died after birth.
Malice cannot be transferred twice
3
Q
Recklessness
Subjective recklessness
A
R v Cunningham
Malice requires either
- An actual intention to do the particular kind of harm that was done
or
- Recklessness as to whether such harm should occur
4
Q
Recklessness
Objective recklessness
A
- R v G (2003)
Person acts reckless with respect to
i. A circumstance when he is aware of a risk that or will exist
ii. A result when he is aware of a risk that will occur
And it is, in the circumstances known to him, unreasonable to take the risk.
5
Q
Negligence
A
Goldstein (2005)
Negligence if obvious risk would be apparent
Adomako (1994)
Gross negligence is sufficient for conviction of manslaughter, if there is a breach of duty
6
Q
Mistake
A
R v Williams
Reasonableness or unreasonableness of defendants belief is material to question whether the belief was held by the defendant at all.
7
Q
Strict liability
A
- Sweet v Parsley
Strict liability must be expressed in statute - B (a minor) v DPP
Where Parliament failed to specify special intent, there is no implication of strict liability.
