Mens Rea Flashcards
1
Q
Mohan [1975]
A
James, LJ ‘aim’ or ‘a decision to bring about a certain consequence’
2
Q
Woollin [1999]
A
‘The jury should be directed that they are not entitled to infer the necessary intention, unless they feel sure that death or serious bodily harm was a virtual certainty (barring some unforeseen intervention) as a result of the defendant’s actions and that the defendant appreciated that such was the case.’
‘The decision is one for the jury to be reached upon a consideration of all the evidence.’
3
Q
Cunningham [1957]
A
Provides a two stage test for recklessness, a person is reckless where they have:
a) Foreseen that there was a risk that a particular kind of harm might be done AND
b) Have then gone on to take the unreasonable risk
