Mens Rea Flashcards
What is the test for oblique intention?
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.
What is the recklessness test?
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
Which case re-established Cunningham subjective reckless test to criminal damage?
R v G [2004]
About fire to wheelie bins that spread to supermarket
Which case established that malice can be transferred between Vs?
Latimer (1886)
Which case established that you cannot transfer malice between offences? Facts?
Pembilton (1874)
Threw brick at V but missed and broke window
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?
Church
Hit her intending GBH, thought she was dead so threw in river but actually drowned in river. Still liable.
