Mens Rea (intention)

Question 1

• where do the jury look to infer what a person intended

Answer 1

• section 8 of the criminal justice act 1967

Question 2

What does section 8 of the criminal justice act 1967 say

Answer 2

• “a court or jury, in determining whether a person has committed an offence…(b) shall decide wether he did not intend or foresee that result by reference to all the evidence, drawing such inferences from the evidence as appear proper in the circumstances”

Question 3

There are two types of intention

Answer 3

• direct
• oblique

Question 4

What is the test for direct intention

Answer 4

• Antony Duff’s ‘test of failure’

Question 5

What points are illustrates when testing for direct intention

Answer 5

• probability of success is irrelevant
• a person may directly intent a result for purely instrumental reasons

Question 6

How do we test for oblique intention

Answer 6

• Woollin direction (from the House of Lords judgement in Woolin)
• if both conditions in the woolin direction are satisfied they jury may find oblique intention but are not required to do so (Matthew’s and Alleyne)

Question 7

When was transferred malice confirmed

Answer 7

• by the Hl in Attorney-Generals reference