Mens rea Flashcards
Explain the principle of transferred malice
D can be guilty if he intended to commit a similar crime but did it to a diff victim. Mens Rea has that offence too ie LATIMER 1886
define specific intent
Mohan 1975- d brings about prohibited consequences
what is the starting point for foresight of consequences
s8 of the crime jus act 1967 which says that a person who has committed an offence shall nt be bound in law to infer he intended or foresaw his actions brining the consequence about AND shall decide whether he did intend or force that result by ref to all evidence
legal point from Moloney (1985)
FORESIGHT OF CONSEQUENCES IS ONLY EVIDENCE OF INTENTION. IT IS NOT PART OF INTENTION IN ITSELF
issues with Hancock v shank land
unsafe misleading guidelines
what was held in Nedrick
that jury should ask themselves how probable the consequence is and did the D forsee it. jury not entitled to infer necessary intention
what was held in woollin
decide find in necessary intention should be used so not misleading as infer.
issues with woollin
confusing, re a (2000) thought evidence of intent is foresight of consequences
held with Matthews and alleyne (2003)
that foresight isn’t intention.
issues with intention
- natural and probable consequences have to be included in the test as a natural consequence can occur without it being probable.
- difficult to apply the law and explain it to jurors
- infer or find confusing. questions from Hedrick confusing
- two different ways of interpreting woollin in Re A, law no satisfactory
reform on law
-law commission in draft criminal code 1989 suggested that a person acts intentionally by a circumstance he knows or hopes to exist, and a result he acts either in order to bring about or being aware that it all occur in ordinary events. Critcised as being aware blurs intent and reckless. doesn’t cater for events when not sure action will come about. Person could have held to intended a result that it was his purpose to avoid.
different def in crime code 1993 by law com of intent
intent when: -its his purpose to cause it although it is not his purpose to cause it, he knows it would occur in an ordinary course of events
def in murder, manslaughter and infanticide 2006 law com
a person should be taken to intend a result if he or she acts in order to bring it about, and in cases where the judge believes justice may not be done unless. jury understands intention full, a judge may give direction as follows: an intention to bring about a result may be found if it is shown that the d actions were a virtually certain consequence
where does recklessness get defined
Cunningham 1957- sees the risk and takes it anyway
what can recklessness also be referred to as
subjective recklessness or malicious -(savage 2002)
