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Law > Mens Rea > Flashcards

Mens Rea Flashcards

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1
Q

What are the different types of intent

A

Direct and oblique

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2
Q

What is direct intent

A

D intends a consequence and achieves it

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3
Q

What is oblique intent

A

D intends one consequence but another happens in relation or instead

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4
Q

What happened in Mohan

A

D had refused to stop when a police officer told him to

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5
Q

What cases are used for oblique intent

A

Nedrick Moloney Mancock and Shankland Woolin Matthews and Alleyn Re-A

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6
Q

What happened in Nedrick

A

D set a house on fire and indirectly killed a child

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7
Q

What happened in Moloney

A

D shot step father

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8
Q

What happened in Mancock and Shankland

A

D’s crushed a taxi with a concrete block

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9
Q

What happened in Woolin

A

D threw a baby off a wall

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10
Q

What happened in Matthews and Alleyne

A

D dropped v off a bridge

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11
Q

What happened in Re-A

A

Conjoined twins were separated and one died

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12
Q

What test did Moloney set down for intent

A

Was death or serious injury a natural result to D’s actions and did D forsee that consequence as a result of his act

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13
Q

How did Hancock and Shankland develop the test

A

The greater the probability of the consequence the greater the probability it was forseen and then intended

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14
Q

How does Nedrick develop the test

A

How probable was the consequence from D’s actions and did D forsee it as a result. If so the Jury can infer intent

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15
Q

How does Woolin develop the test from Nedrick

A

Changes the wording from infer to find

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16
Q

How does Re-A develop mens rea

A

Said that foresight of consequences and intent were the same thing

17
Q

What case deals with recklessness

A

R v Cunningham

18
Q

What hapened in R v Cunningham

A

D had tore a gas meter off the wall and infected a neighbouring victim

19
Q

What test did Cunningham establish

A

Was D so reckless that the result was likely to occur from D’s actions

20
Q

What is negligence

A

Does D owe a duty of care to V and has D breached that duty

21
Q

What case is used for negligence

A

Adamako

22
Q

What happened in Adamako

A

Doctor failed to act quick enough to save victim

23
Q

What three cases are used for transferred malice

A

R v Latimer R v Mitchell R v Gnango

24
Q

What happened in R v Latimer

A

D hit woman with a belt

25
Q

What did Latimer establish

A

Where the mens rea is for a completely different offence the defendant may not be guilty

26
Q

What happened in R v Mitchell

A

D caused woman to fall and break her leg

27
Q

What did Mitchell establish

A

Unlawful act must not be directed at the victim

28
Q

What happened in Gnango

A

A passerby was shot in a drive by

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