Mens Rea

Question 1

What is the test for oblique intention?

Answer 1

Woolin [1999]
A jury may find that D intended an outcome if it was a virtually certain consequence of his actions and he realised this was the case.

Question 2

What is the recklessness test?

Answer 2

Cunningham [1957]
Where D has foreseen that a particular type of harm might occur, yet has gone onto take the risk when it was unjustifiable or unreasonable to do so

Question 3

Which case re-established Cunningham subjective reckless test to criminal damage?

Answer 3

R v G [2004]

About fire to wheelie bins that spread to supermarket

Question 4

Which case established that malice can be transferred between Vs?

Answer 4

Latimer (1886)

Question 5

Which case established that you cannot transfer malice between offences? Facts?

Answer 5

Pembilton (1874)

Threw brick at V but missed and broke window

Question 6

Which case broadened the principle of coincidence of AR and MR by suggesting that Ds acts could be viewed as a series of acts? Facts?

Answer 6

Church

Hit her intending GBH, thought she was dead so threw in river but actually drowned in river. Still liable.