Mens Rea

Question 1

Highest level of men’s rea

Answer 1

Intention

Question 2

Intention case

Answer 2

Mohan

D decided to bring about prohibited consequence

Question 3

Act for specific intent

Answer 3

S18 of offences against the person act

Must intent to cause grievous bodily harm

Question 4

Direct intent

Answer 4

Intends specific consequence to occur

Question 5

Oblique intent

Answer 5

Defendant intends one thing but actual consequence that occurs is another

Question 6

Case for oblique intent and omission

Answer 6

Hancock and shankland 
Miners on strike 
Tried to stop another miner go to work in taxi 
Pushed concrete block to block the road 
Landed on car taxi driver killed

Question 7

For sight of consequences

Answer 7

When achieving other thing D saw he would also cause those consequences

Question 8

Case for foresight of consequences

Answer 8

Moloney 
D and step dad at a party 
Who could load gun fastest 
Didn’t have guts to pull trigger
Didn’t think or aim just did it 
Not intention itself

Question 9

Virtual certainty case

Answer 9

Nedrick
Pour paraffin through letter box
Set house alight
Child died

Question 10

Order of intent cases

Answer 10

Moloney
Nedrick
Woollin

Question 11

Woollin case

Answer 11

Threw baby at prom

Died

Question 12

Subjective recklessness

Answer 12

D knows there’s a risk of consequences happening but still takes risk

Question 13

Case for subjective recklessness

Answer 13

Cunningham
Tore gas meter off wall for money
Fire in house next door
Not guilty as didn’t realise risk

Question 14

Levels of men’s rea high to low

Answer 14

Intention
Recklessness
Negligence

Question 15

Negligence

Answer 15

Failure to meet standards of reasonable man