Mens Rea Flashcards
What are the different types of intent
Direct and oblique
What is direct intent
D intends a consequence and achieves it
What is oblique intent
D intends one consequence but another happens in relation or instead
What happened in Mohan
D had refused to stop when a police officer told him to
What cases are used for oblique intent
Nedrick Moloney Mancock and Shankland Woolin Matthews and Alleyn Re-A
What happened in Nedrick
D set a house on fire and indirectly killed a child
What happened in Moloney
D shot step father
What happened in Mancock and Shankland
D’s crushed a taxi with a concrete block
What happened in Woolin
D threw a baby off a wall
What happened in Matthews and Alleyne
D dropped v off a bridge
What happened in Re-A
Conjoined twins were separated and one died
What test did Moloney set down for intent
Was death or serious injury a natural result to D’s actions and did D forsee that consequence as a result of his act
How did Hancock and Shankland develop the test
The greater the probability of the consequence the greater the probability it was forseen and then intended
How does Nedrick develop the test
How probable was the consequence from D’s actions and did D forsee it as a result. If so the Jury can infer intent
How does Woolin develop the test from Nedrick
Changes the wording from infer to find
How does Re-A develop mens rea
Said that foresight of consequences and intent were the same thing
What case deals with recklessness
R v Cunningham
What hapened in R v Cunningham
D had tore a gas meter off the wall and infected a neighbouring victim
What test did Cunningham establish
Was D so reckless that the result was likely to occur from D’s actions
What is negligence
Does D owe a duty of care to V and has D breached that duty
What case is used for negligence
Adamako
What happened in Adamako
Doctor failed to act quick enough to save victim
What three cases are used for transferred malice
R v Latimer R v Mitchell R v Gnango
What happened in R v Latimer
D hit woman with a belt
What did Latimer establish
Where the mens rea is for a completely different offence the defendant may not be guilty
What happened in R v Mitchell
D caused woman to fall and break her leg
What did Mitchell establish
Unlawful act must not be directed at the victim
What happened in Gnango
A passerby was shot in a drive by
