Mens Rea Cases Flashcards
Defendant was caught speeding by a police officer. He slowed down and approached the officer, then once he was close floored the accelerator and hit the officer
R V Mohan
Use for direct intention
Defendant was a new father and his baby had been crying for hours on end. He was very tired and when he went to put the baby into a pram he “accidentally” threw it into a wall, killing it
R V Woollin
Used for oblique intention test- objective and subjective
Defendants were bullying someone on a bridge and threatened to throw him into the water. The victim told them he could not swim but they threw him into anyway. The victim drowned
R V Matthews and Allegne
Used as an example of oblique intention
Defendant tried to steal money by taking his neighbours gas meter. He did not realise this would fill the house with poisonous gas, killing his neighbour.
R V Cunningham
Used for Recklessness test
Defendant threw a bottle at someone head. He missed and hit a woman instead. His intended victim was a man in the pub.
R V Latimer
Use for cases of transferred malice between like offences
Defendant threw a brick at a person, missed and hit a window instead. He has a different mens rea as the crimes of ABH and property damage are not similar.
R V Pembilton
Mens rea cannot be transferred
A group of gang members ambushed the victim and beat him with bats. They assumed he was dead and threw him off a cliff. He died days later from exposure
R V Thabo-Meli
Use for coincidence
