Mens Rea And Actus Reus

Question 1

R v Pittwood 1902

Answer 1

Criminal liability where the defendant is under a contractual duty to act.

Question 2

R v Stone and Dobinson

Answer 2

Criminal liability for failing to act when there is a special relationship between the victim and the defendant.

Question 3

Transferred Malice

Answer 3

R v Latimer 1886 - mens rea will only be transferred when the same criminal act has been committed.

Question 4

R v Miller 1983

Answer 4

Criminal liability where the defendant has created a dangerous situation.

Question 5

R v Woollin 1999

Answer 5

Authority for indirect intent.

Question 6

Case authority for indirect intent

Answer 6

Nedrick 1986

Question 7

Direct Intent

Answer 7

A person directly intended to commit the offence in question.

Question 8

Recklessness

Answer 8

Cunningham - a defendant can only be convicted of recklessness if he did, in fact, foresee the risk and went on, with that foresight, to take that risk. Therefore, the test of recklessness in subjective.

Question 9

Criminal Liability for Omissions

Answer 9

1) where there is a special relationship between the victim and the defendant.
2) where the defendant is under a contractual duty to act.
3) where the defendant is under a statutory duty to act.
4) where the defendant has created a dangerous situation.

Question 10

Indirect Intent

Answer 10

A person did not directly intend to commit the offence in question, but: 1) the action performed has a virtually certain consequence, 2) the person in question did foresee the act to have a virtually certain consequence.