Mens Rea

Question 1

R v Vickers

Answer 1

MR for murder = intention to kill or cause grievous bodily harm

Question 2

R v Saunders

Answer 2

GBH = serious harm

Question 3

R v Moloney

Answer 3

Intention = aim or purpose

Question 4

R v Woollin

Answer 4

Test for oblique intention:

1) Was death/serious injury a virtual certainty
2) Did the defendant appreciate this to be the case

Question 5

R v G

Answer 5

Test for recklessness:

Did the defendant foresee a risk, and is it unreasonable to take that risk, in the circumstances known to him?

Question 6

R v Latime

Answer 6

Doctrine of transferred malice - intention towards intended victim could be transferred to actual victim if the same mens rea

Question 7

R v Thabo-Meli

Answer 7

As long as the mens rea occurred during the series of acts making up one transaction following a plan to kill the victim, the defendant could be liable for murder

Question 8

R v Le Brun

Answer 8

Series of acts continues as long as you are trying to cover up the crim you think you have committed

Question 9

Fagan v MPC

Answer 9

Continuing act theory - as long as mens rea occured at some point during the act it will be sufficient

Question 10

R v Bailey

Answer 10

Ignorance of criminal law is not a defence

Question 11

R v Smith

Answer 11

A defendant might make a mistake as to some element of AR which will prevent him from having the appropriate mens rea e.g. dishonesty