Mens Rea

Question 1

Mohan

Answer 1

Direct Intention - “D’s main aim or purpose” (D drove car quickly and almost hit policeman)

Question 2

R v G + Another

Answer 2

Subjective test for Recklessness (2 boys set fire to bin outside Co-Op causing it to light)

Question 3

Woollin

Answer 3

Indirect Intention - Virtually Certain Consequence (D threw baby on hard surface)

Question 4

Cunningham

Answer 4

Malicious (D tried to steal a gas meter and poisoned Mother upstairs)

Question 5

Pittwood

Answer 5

Omission - Contractual Duty

Question 6

Hood

Answer 6

Omission - Duty through relationship

Question 7

Stone V Dobsinson

Answer 7

Omission - Duty through assumption of care

Question 8

Dytham

Answer 8

Omission - Duty through official position

Question 9

Miller

Answer 9

Omission - a creation of dangerous situation

Question 10

Strict Liability

Answer 10

An offence where the MR is not required

Question 11

Pharmaceutical Society v STORKWAIN

Answer 11

SL - D charged for supply drugs under fake and forged prescription

Question 12

Winzar

Answer 12

SL - D was charged being drunk on a highway even though the police moved in there

Question 13

Larsonneur

Answer 13

D was ordered to leave the country

Question 14

Callow v Tilstone

Answer 14

No Fault SL (Butcher was guilty even took reasonable care not too)

Question 15

Shah v Shah

Answer 15

No Defence of Due Diligence (D sold lottery ticket to 13-year-old thinking hey were 16+)

Question 16

Prince

Answer 16

(D knew he too a girl in possession of her father and believed she was 18)

Question 17

Cundy

Answer 17

No Defence of Mistake (D was charged with selling liquor to a drunken person)

Question 18

Gammon Test

Answer 18

Court always presumes the MR