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Criminal Law > Mens Rea > Flashcards

Mens Rea Flashcards

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1
Q

Moloney 1985

A

INTENTION
Drunk shooting competition
Intoxication = no intent - NEED SPECIFIC INTENT

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2
Q

Lipman

A

INTENTION
Snake
Not have happened sober

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3
Q

Woollen 1998

A

INTENTION
Virtual Certainty = Oblique Intent
Threw son

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4
Q

Matthews & Alleyne 2003

A

INTENTION
Entitled to infer intent from virtual certainty OR is is intent?
Not entitled to find intent unless…

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5
Q

Stein 1947

A

INTENTION
Assisted Enemy
Objective test - intent naturale consequences of act

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6
Q

Cunningham 1957

A

RECKLESSNESS

Foresee kind of harm and take risk regardless - subjective

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7
Q

Caldwell 1981

ABOLISHED

A

RECKLENESS
Objective - gives no though to obvious and serious risk
“a state of mind stopping short of deliberate intention, and going beyond mere inadvertence”

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8
Q

Parker

A

RECKLENESS
Telephone kiosk
So obvious - deliberately closing mind

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9
Q

Chief Constable of Avon v Shimmen 1986

A

RECKLENESS
Martial Arts
Belief in risk min - irrelevant

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10
Q

Morgan 1976

A

RECKLENESS

Reasonable person who is not drunk

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11
Q

Elliott 1983

A

RECKLENESS

14yo learning difficulties - irrelevant

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12
Q

R v G and R HL 2003

A

RECKLENESS
Correct Caldwell (young fire)
Aware of risk - unreasonable takes it

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13
Q

Andrews 1937

A

NEGLIGENCE
Overtook car, hit - manslaughter
Degree of negligence for gross neg? - ‘very high’

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14
Q

Adomako 1995

A

NEGLIGENCE

Anaesthetist - DoC + Brach + Causing death + Gross N

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15
Q

R v K 2001

A

STRICT LIABILITY
Presumption of MR
Acquitted if honest believe girl was over 16

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16
Q

R v G 2008

A

STRICT LIABILITY

Rape 13yo - SL - protect

17
Q

Thabo Meli v The Queen 1954

A

AR-MR
Though V dead - cliff throw
Unbroken causal connection

18
Q

Church 1966

A

AR-MR

Threw ‘body’ in river - Constructive Manslaughter

19
Q

Latimer 1866

A

TRANSFERRED MALICE

Belt hit V2

20
Q

Mitchell 1983

A

TRANSFERRED MALICE
Old man over lady - leg
Guilty

21
Q

Pembliton 1874

A

TRANSFERRED MALICE
Trow stone V- smash window
NOT GUILTY - - entirely different offences

22
Q

AG Ref 3 of 1994

A

TRANSFERRED MALICE
Foetus
No double transfer

Criminal Law (12 decks)

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