Mens Rea Flashcards
Mohan
Defined intention as:
“A decision to bring about, in so far as it lies within the accused’s power,[the prohibited consequence], no matter whether the accused desired that consequence of his act or not.”
Maloney
Oblique Intent
D shot step father in an incident but didn’t realise the gun was loaded.
Foresight of consequence is not intention, it is evidence of intention.
Hancock and Shankland
Oblique Intent
D dropped concrete block onto a road, killing a taxi driver.
He only intended to stop the car but should have seen the potential consequence.
Woollin
Oblique Intent
D threw baby at the pram but hit the wall, causing its death.
Jury should be told they are entitled to find intention.
Nedrick
Oblique Intent
D poured paraffin through a letterbox, causing a house fire and killing a child.
Jury not entitled to infer the necessary intention unless sure that death or serious bodily harm was a virtual certainty.
Mathews and Alleyne
Oblique Intent
D threw V into river, where he drowned.
Jury are entitled to find intention but they don’t have to do so.
Cunningham
Recklessness
D tried stealing money from a gas meter and caused a gas leak, poisoning the neighbours.
Wasn’t guilty as he didn’t intend the harm, nor taken a risk he knew about.
Caldwell
Recklessness
D got drunk and set fire to a hotel, it was put out quickly with little damage.
He must have intended to endanger life or have been reckless towards it. D claimed he was too drunk to realise.
Conviction was upheld, standard or ordinary adults would realise the risk.
G and Another
Recklessness
11 and 12 year olds set fire to a bundle of newspapers. They put in under a bin, it caught fire and spread through a shop causing £1M of damage.
Ruled that D should be aware of risk or the result that will occur, it must be known to him.
Latimer
Transferred Malice
D aimed a blow at a person with a belt, missed and struck someone else in the face.
D committed a similar offence against a different victim.
Pembilton
Transferred Malice
D threw stone intending to hit people but broke a window.
Not guilty, didn’t commit a similar crime.
Gnango
Transferred Malice
Both G and B agreed to a shoot out. B shot an innocent passerby and killed her. G was tried and convicted of her murder.
Agreeing to a shoot-out with the risk of death, he attempted to murder B and aid and abet killing him.
Thabo Meli
Coincidence of MR and AR
D’s attacked a man and believed he was dead so pushed him over a low cliff.
Man survived the attack but died of exposure at the bottom of the cliff.
MR and AR were combined over a number of acts.
Church
Coincidence of MR and AR
D had a fight with a woman and knocked her out. He unsuccessfully tried to bring her round.
Thought she was dead but actually drowned when he put her in a river. D was guilty of manslaughter.
MR and AR were combined over a number of acts.
Fagan
Coincidence of MR and AR
D told by police officer to park by a kerb. He did so but drove onto officer’s foot.
He was asked several times to move and he eventually did. He developed MR when he became aware he was on the foot.
AR was a continuing act.
