Mens Rea Cases Flashcards
Thabo meli
D wanted to kill a man. Beat him up and threw him off a cliff thinking he was dead. He died of exposure.
Fagan
Continuing act on foot see omissions
Church
same as Thabo meli but threw him into a river
Latimer
D aimed a blow at a man in the pub because he attacked him. Belt struck a woman on the face guilty of assault on the woman
Pemblinton
D threw a stone intending to hit people he had been fighting with. Stone broke a window. The intention to hit people with the stone cannot be transferred to the window as it’s a different offence.
Mitchel
D pushed into a que. 72 year old male told him off. D punched the old man who staggered back into a woman of 89. She was knocked over. She died a few days later. Guilty manslaughter the malice can be transferred.